&Y  -L- nndio/Yi 


REPORT 


ON 


MENOMINEE  INDIAN  RESERVATION 


BY 

EDWARD  E.  AVER 

Member  of  the  Board  of  Indian  Commissioners 


CONTENTS. 


PAGE 

Foreword  4 

Introduction 5 

Report  of  Edward  E.  Ayer  on  the  Menominee  Indian  Reservation, 

January,  1914  7 

Supplementary  report  of  Edward  E.  Ayer  on  the  Menominee  Indian 

Reservation    22 

Exhibits : 

1.  Copy  of  letter  from  D.  F.  Tyrrell  to  Hon.  Cato  Sells,  dated  No 

vember  20,  1913,  and  Mr.  Sells'  letter  to  Edward  E.  Ayer,  dated 
November  20,  1913,  enclosing  copy  of  Mr.  Tyrrell's  letter 25 

2.  Report  of  L.  P.  Holland,  woodsman  in  the  employ  of  Ayer  &  Lord 

Tie  Company,  dated  Paducah,  Ky.,  December  4,  1913 28 

2A.  Affidavit  of  L.  P.  Holland 30 

3.  Report  of  Philip  R.  Smith,  secretary  and  treasurer  of  Ayer  &  Lord 

Tie  Company,  dated  December  30,  1913 31 

4.  Affidavit  of  L.  W.  Kemnitz.     Report  of  Edward  E.  Ayer's  inter 

view  with  L.  W.  Kemnitz,  lumberman  of  Greenbay,  Wis., 
December  1,  1913 33 

5.  Report  of  Edward  E.  Ayer's  interview  with  Mr.  Bernard  C.  Nelson, 

yard  foreman  at  Menominee  Indian  Reservation,  December  1, 
1913  34 

6.  Report  of  Edward  E.  Ayer's  interview  with  Peter  L.  Adams,  mill 

foreman  at  Menominee  Indian  Reservation,  December  1,  1913..     35 

7.  Report  of  Edward  E.  Ayer's  interview  with  Thomas  Prickett,  one 

of  the  committee  appointed  by  the  tribe,  at  Menominee  Indian 
Reservation,  December  1,  1913 37 

7A.  Copy  of  Thomas  Prickett's  letter  to  D.  F.  Tyrrell,  dated  Decem 
ber  11,  1913 39 

7B.  Report  of  Edward  E.  Ayer's  second  interview  with  Thomas 

Prickett,  at  Menominee  Indian  Reservation,  December  17,  1913.  40 

8.  Report  of  Edward  E.  Ayer's  interview  with  Louis  LaFrambois  at 

Menominee  Indian  Reservation,  December  1,  1913 42 

"8A.  Copy   of   letter    from    Louis    D.    LaFrambois   to    D.    F.    Tyrrell, 

dated   December,    1913 44 

8B.  Copy  of  letter  from  Louis  LaFrambois  to  Edward  E.  Ayer,  dated 

December    17,    1913 45 

9.  Report  of  Edward  E.  Ayer's  interview  with  T.  J.  Turney,  sawyer  at 

Menominee  Indian  Reservation,  November  30,  1913 46 

10.  Report  of  Edward  E.  Ayer's  interview  with  Theodore  LaPorte  and 

Edward  LaPorte,  sawyers  at  Menominee  Indian  Reservation, 
December  1,  1913 48 

11.  Summary  of  detailed  report  of  J.  P.  Kinney,  supervisor  of  forests 

in  the  employ  of  the  U.  S.  Government,  dated  December  10, 

1913     49 

llA.  Supplementary  report  of  J.  P.  Kinney,  dated  December  5,  1913.,     53 


925820 


PAGE 

llB.  Report  of  J  .P.  Kinney,  dated  December  5,  1913 53 

12.  Statement  of  Earnest  J.  Brigham,  superintendent  of  logging  -at  Me- 

nominee  Indian  Reservation,  dated  December  16,  1913 63 

12A.  Report  of  Edward  E.  Ayer's  interview  with  Earnest  J.  Brigham, 
superintendent  of  logging,  and  Lincoln  Crowell,  deputy  super 
visor  of  forests,  at  Menominee  Indian  Reservation,  December 
16,  1913  66 

13.  Report  of  Edward  E.  Ayer's  interview    with    Peter    Lookaround, 

storekeeper,  at  Menominee  Indian  Reservation,  November  29, 

1913     67 

13A.  Questions  by  Edward   E.   Ayer,   answered  in   writing,   by   Peter 

Lookaround 70 

14.  Report  of  Edward  E.  Ayer's  interview  with  C.  A.  Tourtilott,  store 

keeper,  at  Menominee  Indian  Reservation,  November  29,  1913..     70 

15.  Report  of  Edward  E.  Ayer's  interview  with  Joe  Cristo,  policeman, 

at  Menominee  Indian  Reservation,  November  29,  1913 72 

16.  Report  of  Edward  E.  Ayer's  interview  with  Charles  W.  Chickeney, 

at  Menominee  Indian  Reservation,  November  29,  1913 74 

17.  Report  of  Edward  E.  Ayer's  interview  with  Frank  S.  Gauthier,  at 

Menominee  Indian  Reservation,  November  29,  1913 76 

18.  Report  of  Edward  E.  Ayer's  interview  with  John  Kakatosh,  No 
vember  30,   1913 77 

19.  Report  of  Edward  E.  Ayer's  interview  with  Mose  Tucker,  at  Me 

nominee  Indian  Reservation,  November  29,  1913 79 

20.  Report  of  Edward  E.  Ayer's  interview  with  Simon  Beauprey,  at 

Menominee  Indian  Reservation,  November  30,  1913 80 

21.  Report  of  Edward  E.  Ayer's  interview  with  George  T.  McCall,  at 

Menominee  Indian  Reservation,  November  30,  1913 80 

22.  Report  of    Edward    E.   Ayer's   interview    with    Peter   Lamotte,    at 

Menominee  Indian  Reservation,  November  30,  1913 82 

23.  Report  of  Edward  E.  Ayer's  interview  with  Wyeskesit,  an  old  pagan 

Indian,  at  Menominee  Indian  Reservation,  December  1,  1913..     83 

24.  Report  of  Edward  E.  Ayer's  interview  with  Charles  Frechette,  at 

Menominee  Indian  Reservation,  November  30,  1913 85 

24A.  Report  of  Edward  E.  Ayer's  interview  with  Louis  Oshkananiew,  at 

Menominee  Indian  Reservation,  November  30,  1913 85 

25.  Report  of  Edward  E.  Ayer's  interview  with  Mitchell  Oshkananiew, 

at  Menominee  Indian  Reservation,  November  30,  1913 85 

25A.  Copy  of  letter  from  Mitchell  Oshkananiew,  Neopit,  Wis..  to  Ed 
ward  E.  Ayer,  Chicago.  111.,  dated  December  3,  1913 87 

25B.  Copy  of  letter  from  A.  S.  Nicholson,  superintendent  of  the  Me 
nominee  Indian  Reservation,  to  Edward  E.  Ayer,  dated  Decem 
ber  4,  1913 88 

25C.  Copy  of  correspondence  between  Edward  E.  Ayer  and  Mitchell 

Oshkananiew  regarding  the  law  firm  of  Tyrrell  &  Ballinger..     90 

26.  Report  of  Edward  E.  Ayer's  conversation  with  D.  F.  Tyrrell,  in  Mr. 

Ayer's  Chicago  office,  in  regard  to  the  affairs  of  the  Menomi 
nee  Indian  Reservation,  December  9,  1913 91 

27.  Copy  of  D.  F.  Tyrrell's  letter  to  Webster  Ballinger,  forwarded  to 

Mr.  Ayer  by  Mr.  Sells  with  letter  dated  December  4,  1913 97 


PAGE 

27A.  Copy  of  D.  F.  Tyrrell's  letter  to  Edward  E.  Ayer,  dated  January 

27,  1914   98 

28.  Report  of  Edward  E.  Ayer's  interview  with  Mrs.  Myrtle  W.  Marble, 

field  matron,  regarding  her  work  on  the  Menominee   Indian 
Reservation    99 

29.  Report  of  Edward  E.  Ayer's  correspondence  with  A.  S.  Nicholson 

between  December  3  and  December  15,  1913 102 

29A.  Copy   of   correspondence   between   Edward   E.    Ayer   and   A.    S. 
Nicholson    regarding    railroad    facilities    for    the    Menominee 

Mills,  December  4  to  December  8,  1913 120 

29B.  Copy  of  letter  from  A.  S.  Nicholson  to  Edward  E.  Ayer,  accom 
panying  map  showing  logging  operations,  dated  December  22, 

1913     122 

29C.  Copy  of  letter  from  A.  S.  Nicholson  to  Edward  E.  Ayer  regarding 

the  promises  of  D.  F.  Tyrrell  to  the  Indians,  dated  January  3, 

1914    123 

29D.  Questions  by  Edward  E.  Ayer  to  A.  S.  Nicholson  regarding  the 

selling  of  lumber  at  the  Menominee  Mills,  and  Mr.  Nicholson's 
answers,   December  3,   1913 125 

30.  Copies   of    Congressman    Konop's    letter    to    F.    H.    Abbott,    dated 

December  31,  1913,  and  Edward  E.  Ayer's  letter  to  Congress 
man  Konop,  dated  January  8,  1914 125 

31.  Copy  of  letter  from  Reginald  Oshkosh  to  Edward  E.  Ayer,  dated 

January  10,  1914 127 

32.  Views  and  suggestions  of  a  gentleman  on  the  Menominee  Reserva 

tion  who  has  had  long  experience  with  the  Indians 130 

33.  Tables  showing  logging  and  milling  operations,  receipts,  disburse 

ments  and  profits  of  the  Menominee  Mills  from  July  1,  1910,  to 

September  30,  1913 , 132 

33A.  Table  of  stumpage  rates  as  per  recommendation  of  the  Indian 

Office  137 

33B.  Table  showing  cut  of  timber  during  three  years,  with  stumpage 

as  per  recommendation  of  the  Oconto  Company 138 

34.  Statements  of  various  Indians  questioned  by  Edward  E.  Ayer  re 

garding   their    feeling   about   general    conditions    on    the    Me 
nominee   Indian  Reservation 138 

35.  Statement  of   Sam  Pywaukee 139 

36.  Statement  of  Henry  Mellott  regarding  promises  of  D.  F.  Tyrrell 

and  payments  made  to  Mr.  Tyrrell  by  the  Menominee  Indians. .   142 

37.  Statement  of  Louis  Keshena  regarding  promises  of  D.  F.  Tyrrell  to 

secure  annuities  for  the  Menominee  Indians  and  the  payment  of 
money  to  Mr.  Tyrrell  by  the  Indians 142 

38.  Statement  of  Joe  O'Katchicum  regarding  D.  F.  Tyrrell's  promises  to 

secure  annuities  for  the  Menominee  Indians  and  the  feeling  of 
the  Indians  toward  the  Menominee  mills 143 

39.  Statement  of  Peter  Tomaw  regarding  promises  of  D.  F.  Tyrrell 

to  the  Menominee  Indians  and  the  payment  of  money  to  Mr. 
Tyrrell  by  the  Indians 143 

40.  Copy  of  letter  from  Webster  Ballinger  to  Mitchell  Oshkananiew, 

dated  September  11,  1913 144 


FOREWORD. 

The  report  contained  in  the  following  pages  concerning  conditions  among 
the  Indians  of  the  Menominee  Indian  Reservation  is  the  result  of  an  investi 
gation  made  by  me,  as  a  member  of  the  Board  of  Indian  Commissioners, 
nearly  one  year  ago,  and  at  that  time  placed  in  the  hands  of  the  Indian 
Bureau  in  typewritten  form.  It  is  being  published  for  two  important  reasons : 

First,  The  possibilities  for  industrial  advancement  of  the  Indians  on  this 
reservation  are  great,  provided  their  natural  resources  of  timber  and  fertile 
soil  are  properly  utilized.  I  therefore  desire  to  place  the  facts  as  I  found 
them  in  readable  form  in  the  hands  of  officials  and  others  interested  in  these 
Indians. 

Second,  The  Board  of  Indian  Commissioners,  of  which  I  have  the  honor  to 
be  a  member,  has  been  attacked  on  the  floor  of  the  House  of  Representa 
tives,  and  members  of  the  Board  who  do  not  receive  a  cent  from  the  Govern 
ment  for  their  services  have  been  referred  to  as  "a  useless  body  of  pap 
suckers."  This  report  is  printed,  not  for  the  purpose  of  preventing  attacks 
of  this  character,  but  in  order  that  officials  and  citizens  of  this  country 
interested  in  Indian  affairs  may  be  given  an  opportunity  to  ascertain  exactly 
what  one  member  of  the  Board  has  done  in  a  humble  way,  without  cost  to  the 
Government,  in  connection  with  one  Indian  reservation. 

The  investigation  of  the  Menominee  Indians  is  only  one  of  a  long  list  of 
activities  in  which  members  of  the  Board  of  Indian  Commissioners  have 
engaged  during  the  past  year.  A  list  of  other  investigations  follows  : 

Office  Activities. 

(a)  Recommendations  relating  to  the  various  items  in  the  Indian  Bill  for 
the  fiscal  year  ending  June  30,   1915    (transmitted  to  the   Secretary  of  the 
Interior  on  March  28,  1914,  and  to  the  Chairman  of  the  Senate  Committee  on 
Indian  Affairs  on  April  1,  1914). 

(b)  Preparation  of  digest  of  laws  on  Indian  irrigation  and  Indian  forests, 
and  comments  on  same. 

Field  Investigations. 

(a)  Menominee  Indian  Reservation,  by  Commissioner  Ayer.     Report  filed 
January,  1914. 

(b)  Fort  Sill  Indians,  Oklahoma,  by  Commissioner  Ketcham.    Report  filed 
January  5,  1914. 

(c)  Mescalero  Apache  Indians,  New  Mexico,  by  Commissioner  Ketcham. 
Report  filed  February  2,  1914. 

(d)  Papago    Indians,    Arizona,    by    Commissioners    Eliot    and    Ketcham. 
Report  filed  February  2,  1914. 

(e)  Navajo  Indians,  Arizona  and  New  Mexico,  by  Commissioners   Eliot 
and  Ketcham.    Report  filed  February  2,  1914. 

(f)  Pueblo  Indians,  New  Mexico,  by  Commissioners   Eliot  and   Ketcham. 
Report  filed  February  2,  1914. 

(g)  Investigation  of   Indian  administration  in  Canada,  by  F.  H.  Abbott. 
Secretary  of   the   Board   of    Indian   Commissioners,    during   the   months    of 
August,  September  and  October,  1914. 

Indian  Warehouses  and  Purchase  of  Supplies. 

(a)  Investigation  and  recommendations  relative  to  standard  samples   for 
clothing,  by  purchasing  committee  of  the  Board,  1913. 

(b)  Inspection  of  samples  and  awarding  of   contracts   at   Chicago   ware 
house,  May,  1914,  by  Commissioner  Vaux. 

(c)  Inspection  of  samples,  San  Francisco  warehouse,  June,  1914,  and  report 
on  San  Francisco  warehouse,  by  Commissioner  Dockweiler. 

(d)  Investigation  of  the   system  of  open-market  purchases,   by  Commis 
sioner  Vaux,  begun  June,  1914. 

Any  of  the  above  reports,  which  has  been  completed,  may  be  seen  upon 
application  at  the  Board's  office,  at  the  Bureau  of  Mines  Bldg.,  Wash 
ington,  D.  C. 


INTRODUCTION. 

The  Menominee  Indian  Reservation,  situated  in  the  northeast  sec 
tion  of  the  State  of  Wisconsin,  comprises  10  townships  of  land, 
360  square  miles.  Its  area  is  covered  with  a  heavy  stand  of 
virgin  forest,  estimated  roughly  at  one  and  a  half  billion  feet  of 
timber,  principally  pine,  hemlock  and  hardwoods,  such  as  birch, 
maple,  elm,  oak,  bass  wood,  etc.  The  estimated  value  of  this  forest 
stand  alone  is  about  eight  million  dollars. 

The  forest  is  distributed  in  two  parts,  that  along  the  east  por 
tion  of  the  reserve  being  of  open  nature,  pine,  and  Norway,  while 
the  western  part  has  a  very  dense  stand,  principally  hardwoods, 
hemlock  and  scattering  pine.  The  soil  runs  from  a  light  sandy  loam 
to  the  heaviest  soil,  suitable  for  diversified  farming,  market  garden 
ing,  and  dairying  and  stock  raising,  a  considerable  portion  of  the 
reserve  being  good  grass  land. 

The  Menominee  Indians  originally  occupied  the  greater  part 
of  the  State  of  Wisconsin.  They  ranged  from  what  is  now 
the  site  of  Milwaukee  north  along  the  west  shore  of  Lake  Michi 
gan  to  Menominee,  north  Michigan ;  and  west  to  the  Wisconsin 
River  and  Black  River.  Along  Green  Bay  and  the  Fox  River 
Valley  were  their  principal  settlements  and  on  the  shores  of 
Green  Bay  they  first  met  the  white  man,  when  Father  Marquette, 
La  Salle  and  the  first  French  descended  the  Great  Lakes  from 
the  Canada  settlements  on  exploration  voyages  of  early  days. 
On  the  reservation  at  Keshena  is  now  the  successor  of  the  first 
French  Mission  established  by  Marquette  at  Green  Bay. 

A  woods  Indian,  the  Menominee  was  a  striking  figure,  gen 
erally  six  feet  and  over  in  height,  a  giant  in  strength ;  few  in 
number  compared  with  other  great  tribes,  their  bravery  and  fighting 
qualities  enabled  them  to  hold  their  own  with  surrounding  tribes, 
Pottawatomies  on  the  south,  Sauk  and  Fox  and  Winnebago  on 
the  southwest,  the  great  Dakota  or  Sioux  nations  to  the  west,  the 
Chippewa  on  the  shore  of  Superior  to  the  north,  and  the  Hurons 
to  the  east  of  them. 

Their  word  once  given  could  be  relied  upon.  Each  in  turn, 
French,  English  and  the  Americans  made  treaties  with  them  which 


were  faithfully  kept.  They  were  a  peaceful  nation,  seldom  the  ag 
gressor,  but  mighty  in  their  wrath,  once  justified  in  taking  the  war 
path. 

From  early  times  they  have  been  the  white  man's  friend.  In 
our  Civil  War,  many  soldiers  were  recruited  from  their  bands 
and  today  here  exists  the  only  Indian  G.  A.  R.  Post  in  America. 

Their  pursuits  are  farming,  lumbering  and  manufacture  of 
lumber  products.  Neopit  is  the  seat  of  a  large  milling  plant  in 
dustry,  costing  approximately  one  million  dollars.  It  has  a  saw  mill 
with  output  of  forty  million  feet  yearly,  a  planing  mill  of  twenty 
million  capacity  and  carries  a  stock  on  hand  of  forty  million  feet  of 
lumber,  also  lath,  shingles,  etc.  The  town  numbers  about  one 
thousand  men,  women  and  children,  and  here  may  be  seen  the 
advanced  Indian  living  in  his  modern  cottage,  surrounded  with 
all  the  home  comforts  of  modern  life  and  partaking  of  the  same 
social  enjoyments  as  his  white  brother. 

A  modern  day  school  and  mission  day  school  furnish  educa 
tion  to  his  children ;  as  does  town  life,  social  instruction  to  his 
home;  and  the  mill,  industrial  education  to  himself  and  son. 

At  Keshena  is  the  seat  of  the  agency,  where  are  situated  two  large 
boarding  schools,  Government  and  mission,  with  combined  capacity 
for  300  children.  Radiating  out  from  Keshena  for  a  distance  of 
twelve  miles  is  a  scene  of  agricultural  progress,  Indian  farmers  cul 
tivating  farms  of  5  to  80  acres,  cleared,  fenced  and  in  various  stages 
of  improvement. 

The  tribal  funds  on  deposit  in  the  Treasury  of  the  United  States 
are  approximately  two  million  dollars,  gathered  from  the  fruits 
of  the  Indians'  toil  and  in  the  sale  of  their  timber  products. 

The  tribe  numbers  about  1700  souls.  Statistics  show  about 
575  able-bodied  males,  age  18  years  and  over.  Labor  figures  for 
the  reserve  show  of  this  number  an  average  of  264  adult  Indians 
continuously  employed  the  year  round,  earning  in  wages  $91,- 
630.47,  not  including  subsistence.  The  greatest  value  of  the 
Neopit  operation  is  as  a  school  of  industry.  Its  value  educationally 
and  morally  cannot  be  measured  in  dollars  and  cents. 


REPORT  OF  MR.  EDWARD  E.  AVER  ON  THE  MENOMI- 
NEE   INDIAN    RESERVATION,  JANUARY",    1914. 

CHAIRMAN  VAUX  AND  GENTLEMEN 'OJ.'"£ttF,  &DA«i>;o£:Ii;n?j-AN  COM 
MISSIONERS  : 

At  our  meeting  in  Washington,  early  in  November,  1913,  it 
was  stated  that  there  had  been  certain  complaints  made  in  re 
gard  to  the  administration,  etc.,  of  the  Menominee  Indian  Reser 
vation,  and  I  was  requested  by  you  to  make  a  personal  investi 
gation  of  it.  Your  request  was  very  warmly  seconded  by  Secre 
tary  of  the  Interior  Lane  and  Indian  Commissioner  Sells. 

It  was  getting  late  in  the  season;  there  had  been  no  specific 
charges  made,  only  that  certain  complaints  had  been  made,  so 
about  the  18th  of  November  I  wrote  to  the  Indian  Agent  stat 
ing  that  I  contemplated  looking  over  the  reservation  and  asked 
him  if  he  would  not  come  to  Chicago,  thinking  that  I  would  like 
to  have  a  talk  with  him.  He  replied  to  me  that  he  had  just  been 
East;  there  were  some  imperative  things  that  he  had  to  attend 
to  and  that  he  would  come  to  Chicago  about  the  1st  of  Decem 
ber,  which  was  about  ten  or  twelve  days  ahead. 

Immediately  after  that  I  got  a  letter  from  Commissioner  Sells, 
dated  November  20th,  stating  that  he  had  had  an  interview  with 
a  gentleman  by  the  name  of  D.  F.  Tyrrell,  who  had  made  charges 
against  the  administration  of  the  Indian  Agent  and  his  sub 
ordinates,  and  that  he  had  requested  the  gentleman  to  put  his 
charges  in  writing,  which  he  did  the  same  date.  I  hereby  sub 
mit  Mr.  Sells'  letter  and  the  charges  as  made  by  Mr.  Tyrrell  as 
Exhibit  1. 

Having  something  definite  to  go  by  I  then  wrote  the  Agent 
that  I  would  arrive  on  the  reservation  on  November  28th. 

I  told  Commissioner  Sells  in  Washington  that  when  I  made 
this  examination  I  would  want  him  to  send  me  one  of  the  most 
reliable  wood  rangers  that  he  had.  I  also  brought  to  Chicago 
Mr.  L.  P.  Holland,  one  of  our  leading  superintendents  from  the 
South  and  a  gentleman  who  had  had  more  than  twenty  years'  ex 
perience  in  logging,  etc. ;  also  made  arrangements  with  our  com 
pany  to  take  Mr.  Philip  R.  Smith,  our  secretary  and  treasurer 


8 

an  expert  bookkeeper  and  a  man  who  had  also  had  large  ex 
perience  going  over  our  different  cuttings  for  twenty  years  back 
once  or  twice  a  year;  and  also  Mr.  William  Anderson,  one  of 
our  best  stenographers,  my  theory  being  that  I  wanted  to  have 
gentlemen  of  experience,:  absolutely  unknown  to  the  reserva 
tion  or  what -liad>  ever  be'en.  done  there,  to  make  the  examination 
for  me,  ,,.-,"..••  ;  .• 

Upolii. arriving  at -Shaw ano  the  morning  of  November  28th  a 
gentleman  introduced  himself  to  me  as  Mr.  Tyrrell,  the  gentle 
man  who  had  made  the  charges  on  the  reservation.  Commis 
sioner  Sells,  in  Exhibit  1,  you  will  note  had  said  he  thought  it 
would  be  well  for  me  to  give  Mr.  Tyrrell  an  interview.  Under 
the  conditions  of  Mr.  Tyrrell's  letter,  I  concluded  to  do  much 
more  than  that,  that  I  wanted  to  give  him  every  opportunity 
possible  to  substantiate  these  charges. 

After  arriving  at  Neopit  and  getting  settled,  meeting  Mr. 
Nicholson  and  being  introduced  to  some  of  his  force  who  were 
there,  we  went  over  the  mill  property  and  into  the  yard  and 
examined  its  condition,  accompanied  by  Mr.  Tyrrell  and,  I  would 
say,  eight  or  nine  Indians,  who  were  expected  to  produce  evi 
dence  of  mal-administration  in  the  cutting,  piling,  and  caretak- 
ing,  etc.,  of  the  lumber  and  the  conditions  of  the  yard.  We  were 
also  accompanied  by  the  Indian  Agent,  the  Foreman  of  the  Yard, 
the  Superintendent  of  the  Mill,  Mr.  Holland  and  Mr.  Smith. 

In  regard  to  the  conditions  of  this  mill,  I  want  to  exhibit  the 
testimony  of  Mr.  Holland,  Exhibit  2,  Mr.  Smith,  Exhibit  3,  and 
Mr.  Louis  Kemnitz,  a  gentleman  who  was  buying  the  elm  logs 
and  who  had  experience  with  most  of  the  large  yards  in  Wis 
consin  and  Michigan,  Exhibit  4. 

I  found  that  the  yard  had  been  formerly  laid  out  largely  over 
a  deep  slough,  that  they  had  driven  piles  in,  forming  foundations 
for  the  piles,  in  some  cases  50  feet  deep  or  more ;  that  the  trash 
of  the  mill  had  been  used,  as  it  is-  in  all  such  places,  to  fill  in  this 
slough,  and  in  several  cases  after  being  filled  to  the  yard  level 
had  sunk  8  or  10  feet  and  sometimes  more  down  into  the  water. 
I  refer  to  the  testimony  of  the  yard  foreman,  Mr.  Nelson,  Exhibit 
5,  who  had  been  in  that  capacity  since  the  mill  was  located,  dur 
ing  the  administration  preceding  the  present  one. 

I  found  that  the  waste  in  miscuts  was  not  larger  than  usual 
in  first-class  mills,  and  the  surroundings  and  the  yard  itself 
were  in  as  good  condition  as  could  have  been  expected,  the  mill 
only  having  been  shut  down  a  short  time ;  it  being  a  well-known 
fact  that  it  is  impossible  to  keep  any  yard  clean  when  you  are 


9 

running  night  and  day.  It  seems  half  of  the  mill  was  shut  down 
November  1st,  when  they  immediately  commenced  to  clean  up 
the  yard,  and  the  other  half  about  the  12th,  when  they  put  still 
more  men  on  the  work  of  cleaning,  according  to  the  testimony 
of  Mr.  Bernard  Nelson,  Exhibit  5 ;  Mr.  Thomas  Prickett,  Ex 
hibit  7,  and  Superintendent  Adams,  Exhibit  6. 

Mr.  Thomas  Prickett,  Exhibit  7,  and  Mr.  Louis  LaFrambois, 
Exhibit  8,  were  two  of  the  particular  men  depended  upon  by  Mr. 
Tyrrell  to  substantiate  his  charges,  and  so  I  told  Mr.  Tyrrell, 
after  taking  the  testimony  of  these  two  men,  that  I  would  send 
him  a  copy  of  it.  After  Mr.  Prickett's  testimony  was  taken  a 
copy  was  sent  to  Mr.  Tyrrell ;  he  corresponded  with  Mr.  Prickett, 
who  reported  to  him  in  Exhibit  7A,  and  you  will  notice  Mr. 
Prickett  claims  he  told  me  that  the  yard  had  not  been  cleaned 
in  two  years.  Several  days  after  that,  December  17th,  I  again 
interviewed  Mr.  Prickett,  Exhibit  7B,  where  he  reiterates  that 
the  yard  was  cleaned  properly.  Thus  in  Exhibit  7  he  said  the 
yard  was  clean ;  in  Exhibit  7A  he  said  it  had  not  been  cleaned 
in  two  years  and  again  several  days  later,  Exhibit  7B,  he  testi 
fied  again  that  it  was  clean.  You  can  draw  your  own  conclusions 
in  regard  to  this  gentleman's  testimony. 

The  other  Indian  mentioned  as  one  of  Mr.  Tyrrell's  principal 
advisors  was  Mr.  Louis  LaFrambois,  Exhibit  8.  I  probably 
talked  with  this  man  an  hour  altogether,  and  Exhibit  8  is  a  copy 
of  the  interview  as  taken  down  by  the  stenographer  in  answer 
to  the  questions  asked  only.  It  seems  that  Mr.  LaFrambois 
thought  I  ought  to  have  taken  down  all  he  said  or  thought  of, 
as  illustrated  in  his  letter  to  Mr.  Tyrrell,  Exhibit  8A.  You  will 
notice  he  never  thought  of  being  an  engineer  until  answering 
my  question :  "Well,  did  you  ever  quit  a  job  because  they  would 
not  make  you  an  engineer?" 

In  Mr.  Prickett's  second  interview,  Exhibit  7B,  you  will  note 
what  he  says  about  LaFrambois  raising  the  $250.00  for  Mr. 
Ballinger.  I  wrote  a  letter  to  LaFrambois,  asking  if  it  was  true ; 
his  answer  is  Exhibit  8B.  You  will  note  that  he  did  not  answer 
the  question  at  all. 

It  was  represented  by  the  Indians  accompanying  Mr.  Tyrrell 
that  there  had  been  a  great  deal  of  lumber  badly  sawed,  etc., 
and  wasted,  and  Mr.  T.  J.  Turney,  Exhibit  9,  was  presented  to 
me  in  company  with  Mr.  Tyrrell,  as  a  witness  to  that  effect. 
His  testimony  is  Exhibit  9,  where  you  will  note  he  finds  much 
fault  with  the  superintendent  of  the  mill,  with  the  machinery 
and  methods,  which  is  absolutely  contradicted  by  the  testimony 


10 

of  the  LaPorte  brothers,  Exhibit  10,  one  of  whom  worked  oppo 
site  Mr.  Turney,  using  the  same  carriage  half  of  each  24  hours, 
and  also  by  Superintendent  Adams,  Exhibit  6. 

The  next  morning,  November  29th,  1913,  I  had  Mr.  Nichol 
son,  the  Indian  Agent,  place  the  logging  engine  and  car  at  our 
disposal. 

The  party  consisted  of  Mr.  J.  P.  Kinney,  Supervisor  of  For 
ests,  the  gentleman  assigned  me  by  Commissioner  Sells  from 
Washington;  Mr.  Philip  R.  Smith  and  Mr.  L.  P.  Holland,  the 
two  gentlemen  who  accompanied  me ;  Mr.  Nicholson,  the  Indian 
Agent ;  Mr.  E.  J.  Brigham,  Superintendent  of  Logging  on  the 
Reservation ;  Mr.  Lincoln  Crowell,  Deputy  Supervisor  of  For 
ests,  resident  at  the  reservation ;  Attorney  D.  F.  Tyrrell ;  and  ten 
Indians.  I  had  suggested  to  Mr.  Tyrrell  that  I  thought  five  In 
dians  would  be  enough,  but  he  wanted  more,  and  I  finally  told 
him  to  take  whomever  he  chose. 

I  introduced  Mr.  Tyrrell  to  Mr.  Holland,  Mr.  Smith,  Mr.  Kin 
ney,  and  others,  and  told  Mr.  Nicholson  I  desired  they  should 
go  and  look  at  everything  in  the  timber  that  Mr.  Tyrrell  sug 
gested. 

While  the  gentlemen  were  in  the  woods  on  the  29th  I  took  the 
opportunity  to  try  to  post  myself  about  different  classes  at  Neo- 
pit  and  made  the  following  interviews : 

First,  with  Mr.  Peter  Lookaround,  a  very  intelligent  Indian 
and  one  of  the  two  principal  storekeepers  there,  which  I  pre 
sent  as  Exhibit  13. 

Next,  with  Mr.  C.  A.  Tourtillott,  the  other  principal  merchant 
of  Neopit,  which  I  present  as  Exhibit  14. 

I  next  interviewed  the  policeman,  Mr.  Joe  Gristo,  Exhibit  15. 

Next,  Mr.  Charles  W.  Chickeney,  Exhibit  16. 

Next,  Mr.  Frank  Gauthier,  Exhibit  17. 

Next,  Mr.  John  Kakatosh,  Exhibit  18. 

Next,  Mr.  Mose  Tucker,  Exhibit  19. 

Next,  Mr.  Simon  Beauprey,  Exhibit  20. 

Next,  Mr.  George  McCall,  Exhibit  21. 

Next,  Mr.  Peter  Lamotte,   Exhibit  22. 

Next,  Mr.  Wyeskesit,  Exhibit  23. 

Next,  Mr.  Chas.  Frechette,  Exhibit  24. 

Mr.  Louis  Oshkenaniew,  Exhibit  24A. 

In  Exhibit  25  I  present  the  testimony  of  Mr.  Mitchell  Osh 
kenaniew.  You  will  see  from  the  last  part  of  his  interview  that 
he  wants  an  attorney.  That  testimony  was  taken  November 
30th. 


11 

Exhibit  25A  is  a  letter  of  December  3d  from  the  same  Mitchell 
Oshkenaniew,  after  a  quarrel  with  Mr.  Tyrrell. 

I  also  present  a  letter  from  Mr.  Nicholson,  Exhibit  25B,  dated 
December  4th,  stating  that  Mr.  Oshkenaniew  had  been  to  his 
house  and  the  way  he  treated  the  matter. 

You  will  notice  in  the  postscript  of  Mr.  Nicholson's  letter, 
Exhibit  25B,  a  reference  to  poor  LaFrambois,  who  raised  the 
$250.00  which  was  sent  to  Mr.  Ballinger,  begging  not  to  have  de 
ductions  made  in  the  little  money  coming  to  him,  as  he  had  a 
sick  child. 

In  regard  to  the  conditions  in  the  woods,  I  desire  first  to  pre 
sent  a  summary  of  Mr.  J.  P.  Kinney's  detailed  report,  which  is 
Exhibit  11 ;  and  another  supplementary  report  of  December  16th, 
Exhibit  11A,  and  a  very  able  report  itself,  Exhibit  11B.  I  want 
to  call  attention  to  the  fact  that  the  250,000  feet  of  hemlock  men 
tioned  in  the  last  paragraph  of  Mr.  Kinney's  summary,  Exhibit 
HA,  is  the  same  as  mentioned  in  the  3d  paragraph,  starting 
"For  instance,"  on  page  61,  Exhibit  11B. 

I  also  present  my  wood  superintendent,  Mr.  L.  P.  Holland's 
report,  Exhibit  2,  and  Mr.  Philip  R.  Smith's  report,  Exhibit  3. 

On  our  third  day  there,  the  30th  of  November,  the  whole 
party  went  into  the  woods  again,  starting  at  7  o'clock  in  the 
morning,  and  worked  all  that  day.  As  all  the  lumber  under  in 
vestigation  was  that  cut  for  three  years,  and  it  being  very  im 
portant  that  Mr.  Holland  and  Mr.  Smith  should  be  attending 
to  their  duties,  I  sent  them  home  that  night,  the  30th;  and  Mr. 
Kinney  took  the  same  party  (except  these  two  men  and  Mr. 
Nicholson),  and  went  through  another  day,  giving  three  days 
with  the  logging  engine,  and  I  think  made  a  very  careful  and 
lengthy  exhibit,  which  is  fully  set  forth  in  the  reports  mentioned 
above. 

Mr.  Brigham  and  Mr.  Crowell,  Exhibits  12  and  12A,  under 
instructions  from  Mr.  Nicholson,  immediately  after  this  went 
over  every  part  of  past  operations  on  the  line  of  our  railroad, 
skirted  logging  districts  of  '10,  '11  and  '12,  and  this  past  year, 
with  instructions  to  scale  everything  merchantable,  locate  the 
40's  same  were  on  and  decide  whether  same  could  come  to  mill  or 
not.  Note  of  such  instructions  will  be  found  in  Mr.  Nicholson's 
report,  Exhibit  29B. 

I  have  every  day's  work  and  the  individual  scaling  of  every 
log  on  file  in  my  office,  but  send  you  the  sworn  summary  of  Mr. 
Brigham  and  Mr.  Crowell,  Exhibit  12,  which  shows  a  total 
measurement  of  94,770  feet  log  scale.  They  estimate  that  there 


12 

was  33,250  feet  not  accessible,  or  probability  of  logging  at  least 
doubtful,  and  that  there  was  61,520  feet  accessible  to  present 
year's  operation.  This  is  what  was  left  of  95,000,000  feet  of 
logging,  about  300  logs  or  perhaps  a  30th  part  of  1  per  cent  left ; 
and  if  they  were  sawed  into  lumber  they  would  all  go  in  two 
ordinary  carloads  of  lumber.  I  hand  you  the  sworn  statement 
of  Mr.  Brigham  and  Mr.  Crowell,  as  Exhibit  12. 

In  the  interview  with  Mr.  Brigham  and  Mr.  Crowell,  Exhibit 
12A,  you  will  notice  that  they  both  think  that  30  per  cent  of  the 
33,000  feet  can  be  got  to  the  mill,  and  if  so  it  would  leave  not 
more  than  a  carload  and  a  half  of  sawed  lumber,  as  the  average 
logs  cut  for  the  season  was  a  trifle  over  10  logs  to  the  thousand. 

In  connection  with  the  logging  question  I  want  to  call  your 
attention  to  paragraph  6  of  Mr.  Kinney's  report,  Exhibit  11, 
where  he  says,  "It  must  be  admitted  that  Mr.  C.  H.  Woodcock, 
the  Superintendent  of  Logging,  worked  with  tremendous  energy 
and  that  whatever  his  faults  and  mistakes  may  have  been,  he 
succeeded  in  bringing  the  logs  from  the  Evergreen  District  to 
the  Menominee  Mills  at  Neopit  at  an  exceptionally  low  figure. 
The  cost  of  logs  in  the  pond  at  Neopit  cut  during  the  years  1910 
to  1912,  inclusive,  in  the  Evergreen  District,  was  from  $1.00 
to  $2.00  less  than  the  cost  of  logs  under  similar  conditions  at 
other  mills  in  Wisconsin."  That  is,  on  nearly  all  the  lumber  in 
those  years  coming  to  this  point  there  was  a  saving  of  at  least 
fifty  or  sixty  thousand  dollars  in  this  item  alone. 

I  desire  to  call  especial  attention  to  paragraph  nine  of  Ex 
hibit  11,  where  Mr.  Kinney  treats  particularly  of  the  loss  on  the 
pine  timber,  and  he  estimates  that  by  being  left  as  long  as  it  was 
the  depreciation  on  this  pine  could  not  have  amounted  to  more 
than  10  per  cent,  which  amounted  to  $40.00.  He  says,  "Is  not 
this  a  mere  bagatelle  compared  with  the  loss  of  time  and  cash 
which  have  been  expended  by  the  Indians  in  an  unwise  and  mis 
directed  attempt  to  make  the  Httle  hill  of  non-feasance  appear 
a  mountain  of  mal-feasance?" 

And  in  that  connection ;  this  agitation  has  been  going  on 
nearly  a  year;  the  Indians  have  been  called  to  Shawano  several 
times,  railroad  fare  being  80  cents  each  way ;  they  have  paid  the 
expenses  of  Mr.  Tyrrell  to  Washington ;  they  have  been  out  of 
work  for  days  and  days ;  we  have  taken  the  time  of  the  engine 
and  crew  for  four  or  five  days ;  the  Government  has  sent  its  ex 
pert  to  help ;  I  have  brought  our  superintendent  from  Kentucky, 
our  secretary  and  treasurer,  and  my  stenographer  to  Neopit; 


13 

made  two  trips  up  there  myself;  have  worked  with  my  stenog 
rapher  what  time  he  could  get  from  his  other  duties  for  nearly 
a  month  on  this  report;  and  the  outcome  of  it  all  is,  according 
to  the  sworn  testimony  and  reports  of  the  Government's  own 
men,  and  my  men,  that  there  has  been  in  the  neighborhood  of 
two  carloads  of  lumber  left  in  95,000,000  feet,  and  that  Mr.  Wood 
cock,  whom  they  have  traduced  most  unmercifully,  has  saved 
the  plant — consequently  the  Indians — many  thousands  of  dollars, 
by  good  work. 

I  report  a  conversation  had  with  Mr.  D.  F.  Tyrrell,  attorney, 
after  my  return  from  the  first  trip  to  Neopit,  which  I  hope  every 
body  that  it  comes  before  will  read,  because  it  is  certainly  inter 
esting.  This  is  Exhibit  26. 

I  said  to  Mr.  Tyrrell  at  Neopit  that  the  Indians  were  in  an 
excited  condition,  that  it  was  much  to  their  injury  and  that  he 
was  the  one  that  could  quiet  it,  meaning  that  he  was,  absolutely, 
the  man  who  had  brought  about  that  condition. 

You  can  get  an  idea  from  this  interview,  Exhibit  26,  as  to 
what  the  gentlemen  want,  and  how  they  want  to  earn  it.  As  it 
seems,  they  consider  it  their  duty  to  collect  a  million  dollars 
from  the  Government  for  mal-administration  on  the  Indian  Res 
ervation  ;  then  they  want  to  collect  a  large  amount  from  the  Gov 
ernment  and  the  Stockbridge  Indians. 

I  did  not  have  any  data  in  regard  to  all  the  claims  they  had 
made  to  the  Indians,  so  I  wrote  Mr.  Nicholson,  January  2,  ask 
ing  if  he  could  give  me  any  data  on  the  subject,  and  I  have  his 
letter  of  January  3d,  marked  Exhibit  29C,  giving  a  list  of  eight 
or  nine  different  things  they  think  they  can  do,  and  something  in 
regard  to  the  methods  they  have  used. 

I  cannot  help  but  feel  that  if  there  had  been  a  hundred  times 
the  loss  in  money  to  the  Menominee  Indian  tribe,  it  would  not 
have  compared  with  the  damage  done  by  these  outsiders,  and 
the  few  Indians  they  could  control  inside,  to  the  tribe,  by  this 
agitation. 

All  these  men  insisted  to  me,  including  Mr.  Tyrrell,  that  the 
plant  was  losing  money.  I  tried  to  impress  upon  them  that  I 
had  got  the  statements  from  the  Treasury  Department,  also 
from  the  plant.  It  was  impossible  to  make  them  believe  that 
they  were  not  fraudulent,  that  everybody  was  not  lying  to  them, 
and  I  feel  now  that  perhaps  it  would  have  been  better  if  I  had 
simply  given  Mr.  Tyrrell  an  interview,  as  Mr.  Sells  suggested, 
and  that  I  had  insisted  that  it  be  outside  of  the  reservation.  The 
four  or  five  days  he  was  there,  there  was  a  constant  turmoil 


14 

among  the  Indians,  a  consultation  every  night,  and  taking  the 
Indians  into  the  woods  and  all,  that  I  feel  it  was  a  great  damage 
to  the  tribe  to  have  permitted  it. 

In  speaking  of  the  expense  that  we  have  all  been  to  in  this 
matter,  it  is  also  a  matter  of  proof,  according  to  the  testimony 
of  Mr.  Prickett,  Exhibit  7B ;  Mr.  LaFrambois,  Exhibit  8B,  and 
Mr.  Tyrrell  himself,  Exhibit  26,  that  there  has  been  $250.00  sent 
to  Mr.  Ballinger;  $125.00  raised  to  pay  Mr.  Tyrrell's  expenses 
to  Washington,  and  the  money  that  Mr.  Tyrrell  says  he  was  re 
sponsible  for  himself,  $200.00,  was  borrowed  from  a  part-blood 
not  belonging  to  the  tribe ;  making  $575.00  in  all. 

The  whole  proposition  has  been  a  wretched  one.  In  fact,  there 
is  a  tremendous  effort  here  to  make  bricks  without  straw ;  and 
it  does  seem  to  me  that  the  present  agitation  and  charges  are 
a  poor  return  for  the  efforts  made  to  run  a  saw  mill  successfully 
and  do  it  with  nearly  50  per  cent  of  labor  that  can  come  when 
they  please  and  go  when  they  please.  The  whole  testimony  of 
all  thinking  people  about  the  institution  is  that  the  building  of 
the  mill  has  been  a  great  benefit  to  the  Indians.  I  think  both 
the  Catholic  Missionaries  feel  that  way,  and  everybody  who 
knows  anything  of  the  former  conditions  there.  It  certainly  has 
been. 


In  my  second  visit  to  the  Menominee  Reservation  I  had  an 
interview  with  Mrs.  Myrtle  W.  Marble,  Field  Matron  at  the 
Mission  of  Keshena,  which  speaks  for  itself.  This  is  Exhibit  28. 
I  think  you  will  all  agree  with  me  that  her  recommendations  are 
very  practical. 

On  this  second  visit  to  the  reservation  I  spent  the  first  after 
noon  and  the  next  forenoon  visiting  the  homes  of  the  Indians 
of  the  village  and  surrounding  country.  I  was  very  much  pleased 
with  the  cleanliness  of  the  Indians  and  I  want  to  express  in  the 
highest  terms  the  benefit  that  the  Catholic  Missions  have  been 
to  the  Indians  on  the  Menominee  Reservation.  It  is  pronounced 
in  every  way.  They  are  soberer,  cleaner  and  better  people. 

I  went  over  the  hospital  at  Keshena  and  found  it  comfortable, 
clean  and  well  organized. 

I  also  went  into  the  homes  of  a  large  number  of  pagan  Indians, 
where  I  found  a  good  many  charming  personalities.  I  didn't, 
in  fact,  see  but  two  that  were  particularly  and  grossly  offensive, 
and  they  were  two  families  of  very  dissipated  Indians.  All  in 
all,  I  found  the  Indian  condition,  from  the  two  intelligent,  live 


15 

merchants  already  mentioned,  in  Neopit,  to  all  of  those  except 
the  two  mentioned  that  I  saw  in  the  pagan  houses,  living  com 
paratively  comfortably. 

But  the  system  of  dealing  with  the  older  Indians  on  this  res 
ervation  is  not  fair.  They  have  a  large  amount  of  property, 
say  in  the  neighborhood  of  ten  millions,  that  belongs  to  the  tribe. 
It  is  so  well  invested  in  timber  and  land  that  it  is  going  to  be  a 
perpetual  inheritance.  There  ought  to  be  some  better  way  of 
taking  care  of  the  old  people,  letting  them  enjoy  their  full  share 
to  a  greater  extent. 


I  have  already  consulted  with  the  State  government  of  Wis 
consin,  asking  them  to  establish  one  of  their  travelling  libraries 
at  Neopit,  and  will  also  ask  them  to  do  the  same  at  Keshena. 

1  make  the  following  recommendations  that  it  seems  to  me 
ought  to  be  carried  out: 

1.  The  plant  is  tremendously  handicapped  in  only  having  a 
cheap  railroad  with  small  supply  of  cars,  etc.,  to  ship  its  product. 
I  recommend  that  arrangements  be  made  to  allow  the  Chicago 
&  Northwestern  Railroad  to  come  in  from  the  south  under  a 
contract  satisfactory  to  the  Department.     I  use  the  term  "from 
the  south"  from  the  fact  that  they  are  nearer  the  reservation 
from  the  west,  but  that  would  add  50  or  60  miles  to  every  car 
that  went  out  of  the  plant  routed  for  the  south. 

2.  I  recommend  that  the  reservation  be  cruised,  that  there  be 
a  report  made  showing  the  approximate  amount  and  class  of 
timber  on  every  section  of  the  reservation.     Some  people  say 
there  are  two  billion,  some  say  one,  and  some  one  and  a  half 
billion.     I  think  the  Department  ought  to  know  positively,  for 
its  future  guidance,  what  is  on  the  reservation  and  also  the  same 
investigation  should  classify  the  lands  for  agricultural  purposes. 

3.  In  my  judgment  it  would  be  safe  and  proper  to  allow  each 
Indian  on  the  reservation  $300.00  in  money;  this  money  to  be 
placed  to  the  credit  of  each  Indian  and  to  be  used  for  his  benefit 
on  the  recommendation  of  the  Agent  and  under  the  control  of 
the  Agent  wherever  there  is  any  danger  of  anybody  using  the 
money  unwisely.    Bill  H.  R.  10832,  introduced  by  Mr.  Stephens, 
of  Texas,  December  17,  1913,  would  seem  to  give  authority  to 
carry  out  this  recommendation,  as  well  as  the  next  one  in  regard 
to  advances  for  farming. 

4.  I  recommend  that  farms  be  allotted  to  Indians  wishing  to 
become  farmers,  the  grant  of  the  Government  to  be  so  framed 


1C 

as  to  preclude  alienation  within  a  period  of  50  years  from  the 
date  of  grant;  the  land  not  to  be  subject  to  lien  or  incumbrance 
of  any  kind ;  the  land  to  be  granted  for  farming  purposes  ex 
clusively. 

I  recommend  that  in  addition  to  the  $500.00  that  each  Indian 
gets  in  the  above-mentioned  allotment  three  or  four  hundred  dol 
lars  more  be  given  to  any  Indian  who  takes  up  a  farm,  to  be 
charged  to  his  individual  account  as  against  the  balance  of 
money  in  the  Treasury  belonging  to  him,  and  that  this  amount 
be  used  solely  and  fully  for  the  purpose  of  helping  to  put  build 
ings,  stock,  etc.,  on  his  farm.  It  is  utterly  impractical  to  under 
take  or  expect  these  Indians  to  clear  up  a  farm  and  get  it  going 
without  help,  and  in  my  judgment  the  future  prosperity  of  these 
Indians  depends  on  their  being  taught  farming. 

5.  I  recommend  that  two,  four  or  six  of  the  brightest  young 
Indians  on  the  reservation  be  sent  to  Wisconsin  State  College 
of  Agriculture  at  Madison  to  take  a  full  course  in  Forestry  and 
Scientific  Farming,  that  they  may  come  back  to  the  reservation 
equipped  to  teach  the  Indians  who  have  elected  to  make  farms. 

To  show  the  importance  of  this  I  will  state  that  in  the  State 
of  Illinois  each  county  has  a  man  whose  sole  duty  it  is  to  go 
down  amongst  the  farmers,  rich  and  poor,  and  teach  them  about 
the  best  kind  of  stock,  how  to  treat  it,  analyze  their  land,  confer 
with  them  about  the  best  sort  of  crops  and  how  to  fertilize  for  them. 
If  it  is  important  in  the  State  of  Illinois,  amongst  the  rich 
farmers,  you  can  see  how  it  would  apply  amongst  Indians  just 
starting. 

6.  I  found  the  most  astonishing  system  of  selling  this  lumber 
in  force  at  the  mills,  by  the  orders  of  the  Department.      Under  the 
system  now  in  vogue,  it  is  possible  to  do  only  very  little  with 
the  big  concerns  that  expect  to  make  at  least  $2.00  a  thousand 
on  every  stick  they  buy  in  that  way.     This  could  be  entirely 
saved,  making  a  difference  ol  from  40  to  60  thousand  dollars  a 
year  to  the  mills,  by  employing  a  bright  salesman,  say  at  $2,000 
a  year  and  expenses,  to  travel  amongst  the  lumber  yards  in  the 
small  towns  that  are  tributary  to  this  plant  in  Southern  Wis 
consin,  Illinois,  Indiana  and  Iowa,  and  sell  this  lumber. 

It  seems  to  me  that  rules  might  be  arranged  having  each  check 
drawn  to  the  Government,  etc.,  and  make  this  safe.  Bradstreet's 
could  be  taken  to  find  the  leading  lumbermen  in  each  town,  those 
that  are  abundantly  safe — and  nearly  all  of  them  are  rich — so  that 
you  would  lose  but  a  very  small  amount,  if  any.  To  illustrate 
this,  I  know  of  three,  four  or  five  lumber  yards  in  the  immediate 


17 

vicinity  of  my  country  home  in  Wisconsin  that  I  would  guaran 
tee  all  they  bought,  if  it  was  the  entire  cut  of  the  plant,  for  10 
cents  a  yard. 

7.  In  the  many  thousand  acres  of  land  on  this  reservation 
there  is  an  enormous  amount  of  food  for  cows  and  young  stock 
growing  and  going  to  waste  every  year.  I  think  the  reservation 
should  be  investigated  with  the  view  of  starting  a  trial  herd 
there  of  a  thousand  head  of  cows,  to  be  herded  by  Indians  with 
their  ponies  and  to  be  allowed  to  increase  to  the  full  extent,  that 
hay  could  be  cut  in  certain  protected  districts  to  get  them  through 
the  winter.  There  is  certainly  enough  food  there  for  nine  months 
of  the  year  for  several  thousand  head,  and  at  the  price  that 
cattle  are  now  and  always  will  be  there  will  be  a  large  profit 
in  turning  off  the  two  and  three-year-old  steers  each  fall  to  be 
sent  down,  if  not  fat  enough  for  beef,  for  feeders.  It  seems  too 
bad,  in  the  present  condition  of  the  meat  supply  of  our  country, 
that  enormous  districts  like  this  should  be  allowed  to  go  to  waste. 

£.  I  recommend  that  there  be  a  department  connected  with 
the  school  in  Keshena,  and  another  in  the  school  at  Neopit, 
teaching  girls  how  to  do  housework,  sewing,  etc.;  and  a  manual 
training  school  for  boys,  to  teach  them  how  to  use  their  hands. 

9.  I  would  also  recommend  that  there  be  a  company  or  tribal 
store  at  Neopit  and  a  branch  one  at  Keshena  and  that  the  goods 
shall  be  sold,  say,  on  a  basis  of  12l/2  or  15  per  cent,  which  would 
make  the  stores  absolutely  self-sustaining  and  the  Indians  would 
get  the  necessities  of  life  much  cheaper.  These  stores  should 
also  carry  a  stock  of  the  ordinary  agricultural  tools  that  might 
be  used;  and  there  should  also  be  a  bank,  say,  with  forty  or  fifty 
thousand  dollars  capital,  connected  with  the  Neopit  store,  where 
the  employees  of  the  mill  could  get  checks  cashed. 

Now,  if  they  want  to  buy  anything  extraordinary,  an  agri 
cultural  tool  or  any  other  thing,  or  cash  their  checks,  they  must 
go  twenty  miles  away  to  Shawano  for  the  'purpose,  and  they  are 
subjected  to  all  the  temptations  of  the  outside  towns.  I  think 
everything  ought  to  be  supplied  to  the  Indians  on  the  reservation 
so  that  they  would  have  as  little  necessity  for  leaving  it  as  pos 
sible. 

I  know  of  no  settlement  in  the  country  of  seventeen  or  eighteen 
hundred  Indians,  beside  200  or  300  whites,  that  has  not  banking 
facilities.  Each  employee  of  the  plant  has  to  suffer  an  exchange 
for  getting  his  check  cashed. 

I  should  not  think  of  starting  a  store  without  purchasing  the 


18 

property  of  Mr.  Lookaround  and  Mr.  Tourtillott,  and  trying  to  get 
them  to  run  it  for  the  benefit  of  the  Agency  and  under  the  direc 
tions  of  the  Indian  Agent. 


I  purposely  refrained  from  having  any  conversation  with  Mr. 
Nicholson  about  the  conditions  at  the  plant,  until  I  had  exam 
ined  the  conditions  there,  taken  all  the  testimony  but  one  or  two 
pieces  and  got  the  reports  from  our  men  in  the  woods,  etc.  I 
then  wrote  him  a  series  of  questions  covering  general  conditions 
there,  and  these  questions  and  his  replies  I  submit  as  Exhibit 
29,  and  I  want  to  say  that  there  have  been  some  grave  charges 
proffered  against  the  management  of  this  mill,  and  it  is  no  more 
than  justice  to  Mr.  Nicholson  that  every  officer  of  the  Depart 
ment  that  this  report  is  referred  to  should  read  his  defense  and 
his  illustration  of  conditions  there. 

On  December  4th  I  wrote  Mr.  Nicholson  in  regard  to  railroad 
rates  and  the  railroad  conditions  there,  to  which  he  answered 
fully  on  December  8th,  Exhibit  29A.  This  is  a  very  important 
question  and  his  views  on  the  subject  are  certainly  practical  and 
worthy  of  consideration. 


To  sum  up  my  impressions  on  the  conditions  that  the  Gov 
ernment  has  placed  over  the  logging,  milling  and  disposing  of 
the  lumber: 

I  don't  think  I  have  thought  of  it  since  I  first  went  to  the  res 
ervation  that  my  mind  did  not  revert  to  making  bricks  without 
straw.  I  think  the  Government  has  done  a  very  wise  thing  in 
having  this  mill  built ;  I  think  it  has  been  of  tremendous  benefit 
to  the  Indians,  and  the  reports  show  that  it  has  made  $444,000.00 
in  the  last  two  years,  including  the  value  of  the  stumpage. 

It  seems  mighty  good  work  to  me  that  it  could  be  done,  when 
half  of  the  labor  employed  was  compulsory  practically ;  that  a 
person  could  leave  his  work  at  any  time  without  notice,  stay 
away  as  long  as  he  had  a  mind  to,  come  back  when  he  chose  and 
still  get  a  job ;  after  the  lumber  was  made  that  it  was  sold  under 
such  conditions.  I  feel  very  sure  that  the  mill,  outside  of  the 
lumber  they  have  sold  in  the  pine  and  lumber  logs  in  the  woods, 
in  other  words,  every  stick  of  lumber  that  they  sold  they  got  at 
least  $2.00  a  thousand  less  than  they  could  have  got  had  it  been 
sold  in  the  usual  way. 

The   United   States   Government   Army  can't  buy  that   lumber, 


19 

because  they  have  got  to  ask  for  bids ;  the  lumber  can't  be  sold, 
because  they  can't  sell  without  asking  for  bids.  It  seems  ridicu 
lous. 

The  employment  of  the  Indian  part  can't  be  helped,  and  nobody 
would  want  to  help  it  if  he  could,  because  the  prime  idea  in 
establishing  the  plant — and  it  was  a  wise  one — was  to  teach  these 
Indians  to  work,  and  it  is  certainly  doing  it. 

The  conditions  that  I  found  in  regard  to  outside  influences 
were  appalling.  That  any  intelligent  man  would  write  such  a 
letter  as  Mr.  Tyrrell  did  to  Commissioner  Sells,  based  on  the 
say  so  of  four  or  five,  six  or  eight  discredited  men  (in  a  way  it 
seems  most  of  these  men  had  been  tried  and  found  wanting) 
is  beyond  my  comprehension. 

The  reports  of  the  Department's  very  able  wood  ranger,  Mr.  Kin- 
ney,  and  the  other  wood  ranger,  Mr.  Crowell,  both  Government  em 
ployees,  and  the  reports  of  Mr.  Holland  and  Mr.  Smith ;  in  fact, 
everything  on  the  place,  the  cleanliness  of  the  yard,  the  cleanli 
ness  of  the  supply  department,  the  cleanliness  of  the  towns, 
showed  the  untruth  of  the  charges. 

And  then  that  men  should  absolutely  deny  statements  of  the 
prosperity  of  the  plant,  the  books  in  Washington  showing  that 
the  funds  had  been  increased  largely  in  the  past  two  years,  and 
still  go  up  and  down  the  reservation  claiming  that  it  was  not 
true,  that  the  mill  was  losing  money.  Look  at  the  testimony  of 
the  splendid  Wyeskesit,  Exhibit  23.  He  knew  they  were  not 
making  any  money,  because  where  was  it?  He  knew  the  mill 
had  been  losing  money,  because  they  didn't  get  it;  he  had  been 
told  so. 

A  man  must  be  in  desperate  straits  who  will  conduct  himself 
in  any  investigation  the  way  Mr.  Tyrrell  did  in  his  talk  to  and 
before  the  Indians  on  all  occasions,  as  testified  to  by  the  gentle 
men  in  the  logging  party.  Then  I  feel  mortified  that  a  man  would 
come  to  me  and  ask  me  if  I  would  approve  of  an  attorney  to 
stand  between  such  men  and  the  Government  agent  and  the 
United  States  Government. 

Of  course,  the  whole  motive  of  going  into  the  woods  nearly  a 
year  ago,  stirring  up  these  disaffected  Indians,  is  the  same  one 
that  has  been  at  the  bottom  of  every  attack  on  Indian  property 
—the  desire  and  hope  of  getting  some  of  it. 

I  don't  think  that  Mr.  Tyrrell,  the  attorney,  is  a  dishonest 
man,  but  I  feel  that  he  is  far,  far  away  from  a  wise  one ;  and  I 
feel  that  it  would  be  a  calamity  to  have  any  attorney  appointed 
for  the  Menominee  Reservation  for  the  purposes  that  Mr.  Tyr- 


20 

rel  outlined  to  me  in  his  interview,  Exhibit  26,  and  that  Prickett 
and  Oshkenaniew  (Exhibits  7B  and  25,  respectively)  testify 
they  want  an  attorney  for,  to  protect  them  from  the  Agent.  I 
have  understood  it  was  against  the  law  to  go  on  to  the  reserva- 
ion  for  any  such  purposes  as  Mr.  Tyrrell  was  there.  Unfor 
tunately  for  the  Indian,  and  I  think  for  the  investigation,  his 
time  was  industriously  employed  in  the  three  or  four  days  he 
was  there  while  the  investigation  was  going  on. 

At  this  point  I  want  to  introduce  the  testimony  of  Mr.  Regi 
nald  Oshkosh,  Exhibit  31,  a  full-blooded  Indian  and  Tribal  Chief 
of  the  Menominee  Tribe,  who  for  the  past  year  or  two,  as  you 
will  see  by  Exhibit  29  of  Mr.  Nicholson,  has  been  pulling  him 
self  together  and  doing  good  work.  It  certainly  speaks  for  itself, 
and  I  hope  that  whoever  sees  this  report  will  read  it. 

I  received  an  astonishing  letter  from  Congressman  Konop 
to  Mr.  Abbott,  in  regard  to  my  investigation,  grossly  insulting 
me,  and  the  Commission  through  me.  I  hereby  submit  a  copy 
of  same  and  my  answer  to  him,  as  Exhibit  30,  in  my  report. 

I  also  sent  a  copy  of  same  to  Secretary  Lane,  and  Indian  Com 
missioner  Sells,  that  they  might  see  the  kind  of  influence  that 
is  being  brought  to  bear  to  belittle  the  work  of  the  Commission. 

The  testimony  complained  of  in  Congressman  Konop's  letter 
is  that  of  Mr.  Thomas  Prickett,  Exhibit  7B,  in  my  report. 

I  also  want  to  call  attention  to  a  letter  written  by  a  gentle 
man  who  has  been  about  the  reservation  for  seventeen  years, 
and  who  has  written  a  very  calm  and  dignified  letter  in  regard 
to  the  conditions  there,  which  I  present  as  Exhibit  32.  It  cer 
tainly  shows  the  improvement  that  has  been  made  during  the 
past  years,  and  this  gentleman's  recommendations  and  sugges 
tions  are  all  good. 

I  have  laid  some  stress,  in  this  report,  on  the  old  people  of 
the  reservation,  who  are  not  getting  the  benefit  of  their  wealth, 
and  who  at  the  best  can  only  last  a  short  time.  I  think  there 
ought  to  be  something  given  to  this  class  of  people  and  to  the 
ill  and  infirm,  who  are  incapable  of  working,  each  year. 

The  claim  has  been  made  that  the  mill  was  selecting  the  best 
timber,  therefore  making  a  better  showing  than  could  be  con 
tinued. 

The  mill,  I  don't  think,  has  made  any  effort  to  select  the  best 
timber.  It  will  be  seen  that  they  were  forced  by  the  big  fire  to  a 
certain  locality.  They  were  also  forced  to  take  the  best  timber  here 
as  there  was  so  much  burned  over  they  could  not  lumber  it  all  be 
fore  some  of  it  must  deteriorate  very  much.  Forest  Supervisor 


21 

Kinney,  you  will  note,  has  gone  into  this  fully.  The  1,500,000  feet 
Mr.  Tyrrell  speaks  of  is  the  250,000  feet  of  hemlock  Mr.  Kinney 
mentions,  and  says,  hemlock  was  so  cheap  that  at  the  time  it  would 
not  have  paid  to  cut  it.  The  only  selections  that  have  been  made 
in  pine  were  for  the  hewn  timber  and  for  that  it  is  shown  that  they 
received  as  much  per  thousand  for  the  whole  log  standing,  $70.00 
per  thousand,  as  they  could  get  for,  say,  the  best  25  per  cent  of 
the  lumber  the  log  would  make;  and  the  amount  sold  this  way  has 
been  a  small  percentage  of  the  whole  white  pine  cut.  The  elm 
so  sold  has  been  at  a  still  higher  price  relatively,  about  $47.00  per 
thousand,  standing,  and  you  will  note  the  mill  has  made  a  good 
profit,  the  past  two  years,  after  allowing  for  the  higher  stumpage 
for  the  white  pine. 

As  far  as  I  can  learn  no  man  knows  much  of  the  amount  or 
quality  of  the  timber  left  on  the  reservation,  and  still  less  of  the 
nature  of  the  cut-over  and  untimbered  parts  of  the  reservation, 
and  its  adaptability  for  farming  and  grazing.  The  timber  is  esti 
mated  to  be  between  one  thousand  five  hundred  million  and  two 
thousand  million.  It  is  for  this  reason  I  recommend  so  earnestly 
the  cruising  of  the  whole  reservation  showing  the  timber,  kinds 
and  quality  on  each  quarter  section ;  the  quality  of  the  land,  whether 
good  for  farming,  grazing,  reforestry  or  worthless.  I  think  good 
reliable  capable  men  could  be  hired  to  do  this  for  five  cents  an  acre. 
Then  a  comprehensive  plan  could  be  laid  out  covering  the  manage 
ment  of  the  whole  reservation  for  years  in  advance. 

During  this  administration  there  has  been  1,610,690  feet  of  pine 
sold  at  these  high  prices,  in  log  measurement,  and  651,088  feet  of 
rock  elm.  Very  little  of  this  rock  elm  has  as  yet  been  shipped. 

I  will  say,  in  winding  up  this  report,  that  I  have  done  no  busi 
ness  in  Wisconsin  for  15  or  16  years,  that  I  never  did  any  business 
on  any  Indian  reservation  in  Wisconsin  that  I  know  of.  I  never 
remember  of  having  seen  any  man,  woman  or  child  before  that  I 
met  on  the  reservation,  except  the  people  I  took  with  me.  And  I 
take  the  liberty  of  recommending  that  whenever  there  is  a  change 
made  in  the  Indian  Agent  or  any  attorney  appointed  to  represent 
the  Menominee  Indians  that  it  shall  not  be  anybody  who  has,  or 
who  ever  has  had,  any  business  relations  or  acquaintances  within 
a  hundred  miles  of  the  reservation. 

Respectfully  submitted, 

EDWARD  E.  AVER, 
Member  of  the  Board  of 

Indian  Commissioners. 

January,  1914. 


SUPPLEMENTARY  REPORT  OF  MR.  EDWARD  E.  AVER 

ON  THE  MENOMINEE  INDIAN  RESERVATION, 

JANUARY,  1914. 

PRESIDENT  VAUX  AND  GENTLEMEN  OF  THE  INDIAN  COMMISSION: 

In  my  letter  transmitting  my  report  I  said  I  would  probably 
have  a  Supplementary  Report  to  submit.  I  concluded  to  try  to 
get  expressions  from  more  of  the  Indians,  in  the  first  place,  and 
from  some  I  had  already  examined  on  a  little  different  ground,  so 
I  transmit,  now,  the  balance  of  my  report. 

The  questions  I  asked  of  the  Indians  pertain  in  particular  to  the 
promises  which  have  been  made  by  the  people  who  are  endeavor 
ing  to  get  the  position  of  attorneys  for  the  tribe  and  I  present  Mr. 
Lookaround's  testimony  as  Exhibit  13A. 

About  January  8th  I  got  a  letter  from  Mr.  Mitchell  Oshkenaniew 
— in  fact,  two  letters — which  I  present  as  Exhibit  25C.  You  will 
notice  that  during  September  Mr.  Ballinger  wrote  Mitchell  Osh 
kenaniew  a  letter,  stating  the  total  loss  to  the  tribe  during  the  five 
years'  operation  was  $1,429,426.43.  Such  method  as  this  was  used 
to  inflame  them  against  the  conditions  there,  of  course.  You  will 
notice  that  Mr.  Ballinger  had  evidently  forgotten  there  was  several 
hundred  thousand  dollars'  worth  of  lumber  and  a  great  many  other 
things  that  should  be  credited  to  this  amount. 

A  question  asked  Mr.  Tyrrell,  and  his  answer,  I  present  as  Ex 
hibit  2 7 A,  to  go  with  other  things  pertaining  to  him  in  my  former 
report. 

I  felt  I  had  not  gone,  as  carefully  as  I  desired,  into  the  lumber 
operation,  credited  stumpage,  etc.,  for  the  past  three  years;  so  I 
asked  Mr.  Nicholson  for  information  as  to  how  much  lumber  had 
been  logged,  manufactured  and  sold  during  each  of  the  three  years ; 
how  much  stumpage  was  charged  against  each  class ;  what  percent 
age  was  left  after  charging  the  said  stumpage,  as  profit  for  the 
year ;  and  also  if  the  stumpage  rate  that  he  was  using  was  about  the 
same  as  used  by  other  lumber  companies,  as  far  as  he  knew ;  and 
the  percentages  of  earnings  on  capital  stock  after  said  charges. 

I  submit  this  as  a  special  exhibit,  No.  33.  You  will  note  that  after 
charging  stumpage  of  $443,176  there  was  a  net  profit  of  $245,213 ; 


23 

and  he  has  answered  my  question  as  to  the  percentage  paid  on  the 
capital  stock  in  the  Note  of  this  exhibit ;  also  figured  how  much  it 
would  be  if  the  $269,695.92  lost  before  he  came  there  was  taken 
out  of  capital  stock. 

I  have  interviewed  one  of  our  leading  lumber  companies — the 
Oconto  Company — and  showed  them  the  stumpage  rate  used  by  the 
Menominee  Mill.  They  didn't  think  it  was  enough,  although  they 
thought  our  white  pine  was  probably  better  than  theirs  (they  used 
$10  a  thousand  and  the  Menominee  figure  is  $11.00).  I  find,  on 
using  the  list  given  me  by  them  on  the  entire  cut  of  the  three  years 
on  each  class  of  timber  that  it  adds  up  $39,879.38  to  the  stumpage, 
which,  subtracted  from  $245,213.55  leaves  $205,334.17  net  profit 
after  charging  stumpage  to  proper  amounts  as  indicated  by  the 
President  of  the  Oconto  Company.  I  will  also  say  that  the  stump- 
age  used  at  the  mill  was  that  recommended  by  the  Indian  Office, 
letter  of  February  5,  1912,  I.  O.  File  102661-1911. 

At  the  end  of  Exhibit  33  you  will  find  three  tables  giving  the 
cut  of  each  year,  of  each  class.  As  already  stated  in  my  former  re 
port  they  were  forced  into  cutting  more  white  pine  than  usual  on 
account  of  the  fire,  for  the  two  years  1911  and  1912.  During  the 
years  1912  and  1913  they  only  cut  three  million,  which  was  less 
than  10  per  cent,  and  you  will  see  from  the  former  report  that  the 
amount  of  white  pine  on  the  entire  reservation  is  10  per  cent  of  the 
estimated  quantity. 

As  it  may  not  be  in  quite  as  good  shape  there,  I  include  a  copy 
in  this  as  Exhibit  33A,  showing  the  estimated  timber  on  the  entire 
reservation ;  and  also  in  this  same  table  I  give  the  prices  furnished 
me  by  the  Oconto  Company ;  and  I  also  send  you  as  Exhibit  33B, 
a  table  showing  the  total  cut  of  each  class  of  timber  cut  on  the 
Reservation  for  the  past  three  years,  and  the  stumpage  carried  out 
as  per  the  Oconto  Company's  recommendation. 

I  am  sending  another  set  of  Mr.  Kemnitz's  testimony,  which  has 
his  affidavit  annexed,  and  this  will  take  the  place  of  Exhibit  4,  which 
I  have  already  sent  you. 

Exhibits  34,  35,  36,  37,  38  and  39  are  the  opinions  of  Indians 
about  Keshena,  in  regard  to  the  affairs  and  what  action  Mr.  Tyrrell 
has  taken  in  regard  to  the  reservation.  You  will  notice  in  No.  35, 
Pywaukee,  he  states  that  they  had  already  paid  Mr.  Tyrrell  $500.00. 

You  will  notice  that  practically  all  these  men  who  have  furnished 
money  to  Mr.  Ballinger  and  Tyrrell  have  been  told  that  they  would 
get  it  back,  out  of  the  tribal  funds.  You  will  notice  in  one  case, 
Exhibit  39,  Tomaw,  where  he  has  taken  $20.00  belonging  to  the 


24 

Temperance  Society  to  put  into  the  fund  for  attorneys,  says  the 
tribe  is  to  pay  it  back. 

Now,  as  I  understand  the  law,  nobody  can  represent  these  In 
dians  unless  approved  by  the  Government  in  Washington.  If  that 
is  true  it  is  entirely  illegal  to  ask  these  Indians  for  any  money  for 
any  purpose  until  such  approval  has  been  gained  and  attorneys  for 
the  tribe  have  been  established.  If  I  am  right  about  this,  these  men 
should  be  made  to  immediately  refund  this  money  to  the  members 
of  the  tribe,  as  they  all  say  the  money  is  to  be  refunded  from  the 
tribal  funds,  that  they  advanced. 

I  am  inclined  to  think,  under  the  circumstances,  that  the  Indians 
on  this  reservation  ought  to  have  some  money  in  the  shape  of  an 
nuities,  in  the  near  future.  They  have  been  having  it,  more  or  less, 
for  a  good  many  years,  and  you  will  note  all  the  way  through  the 
testimony  that  they  practically  all  claim  that  if  they  were  getting 
their  annuities  they  would  think  it  was  all  right,  but  that  the  money 
must  have  been  lost,  because  they  don't  get  annuities. 

The  recommendations  that  I  have  made,  as  for  furnishing  farm 
lands,  money  for  education,  tribal  cattle,  etc.,  will  take  more  or  less 
time  and  most  of  them  need  legislation  before  they  can  be  carried 
out.  In  the  meantime  it  is  very  necessary  that  conditions  should 
be  quieted  on  the  reservation,  and  I  think  that  if  this  were  done, 
and  done  through  the  hands  of  the  Government,  itself,  without  any 
lawyers  or  outside  influences,  it  would  have  a  most  salutary  effect 
on  the  entire  tribe. 

Respectfully  submitted, 

EDWARD  E.  AVER, 
Member  of  the  Board  of 

Indian  Commissioners. 

January,  1914. 


25 
EXHIBIT  1. 

Copy  of  letter  from  D.  F.  Tyrrell  to  Hon.  Cato  Sells,  dated 
November  20,  1913,  and  Mr.  Sells'  letter  to  Mr.  Edward  E.  Ayer, 
dated  November  20,  1913,  inclosing  copy  of  Mr.  Tyrrell's  letter, 
all  relative  to  the  affairs  on  the  Menominee  Indian  Reservation. 

DEPARTMENT  OF  THE  INTERIOR, 

OFFICE  COMMISSIONER  OF  INDIAN  AFFAIRS, 

WASHINGTON. 

November  20,  1913. 
MY  DEAR  MR.  AVER  : 

After  an  interview  with  Mr.  D.  F.  Tyrrell,  of  Gillette,  Wisconsin,  yester 
day,  I  requested  him  to  write  me  a  letter  stating  conditions  as  he  under 
stands  them  to  exist  at  Menominee,  and  that  he  also  leave  with  me  certain 
photographs  taken  by  him. 

I  received  his  letter  today  and  am  herewith  enclosing  same  to  you  with 
the  photographs,  that  you  may  have  the  benefit  of  his  suggestions. 

Mr.  Tyrrell  seems  to  be  a  very  earnest  and  intelligent  man  and  I  think 
it  would  be  well  for  you  to  have  an  interview  with  him. 

I  wish  you  would  advise  me  a  few  days  in  advance  of  the  time  when  you 
start  for  Wisconsin,  so  that  I  can  arrange  for  one  of  my  men  in  the  Forestry 
Service  to  accompany  you,  as  you  requested. 

To  the  extent  that  I  can  be  of  service  to  you,  please  command  me. 
Very  truly  yours, 

(Signed)     CATO   SELLS, 

Commissioner. 
HON.  E.  E.  AVER, 
Ry.  Exchange  Bldg., 
Chicago,  111. 


(Copy) 

WASHINGTON,  D.  C., 

November  20,   1913. 
HON.  CATO  SELLS, 
Commissioner  of  Indian  Affairs, 

Washington,  D.  C. 
My  Dear  Sir : 

Pursuant  to  request  I  herewith  submit  to  you  certain  data,  relative  to  the 
Menominee  Indian  matter. 

I  am  not  conversant  with  the  conditions  existing  throughout  the  entire 
area  covered  by  the  logging  operations  on  the  reservation,  but  that  portion 
with  which  I  am  familiar  bears  ample  and  convincing  evidence  that  the 
operations  are  being  conducted  at  a  heavy  loss  to  the  tribe. 

The  work,  seemingly,  has  been  and  is  being  carried  on  with  little  or  no 


26 

regard  for  profit.  Waste  is  evident  on  all  sides.  (Note  exhibits  hereto 
attached  and  more  specifically  referred  to  herein.) 

Splendid  timber  has  been  cut  and  left  to  rot  in  the  woods.  (Note  Ex 
hibits  1  and  2.) 

White  pine  and  Norway  logs,  containing  the  very  best  of  lumber,  may  be 
seen  skidded  in  the  woods  and  left  to  the  mercy  of  the  weather  and  worms 
and  in  this  same  area  may  also  be  seen  other  white  pine  and  Norway  logs 
that  have  been  cut  and  swamped  and  not  even  skidded  but  simply  left  where 
cut. 

Logging  roads  have  been  cut  and  splendid  logs  piled  on  each  side  of  them 
and  left.  These  roads  were  never  used  after  being  cut. 

Large  trees,  both  green  and  dead,  have  been  left  along  the  logging  railroad 
notwithstanding  the  fact  that  they  contained  valuable  lumber  and  stood  only 
a  few  feet  from  the  right  of  way. 

In  one  place  ties,  posts  and  poles  were  scattered  around.  In  another  a 
large  number  of  pieces  of  cedar  had  been  cut  and  left  in  the  woods. 

I  found  that  the  white  pine  and  Norway  had  been  cut  from  a  tract  of 
burnt  timber  and  at  least  \l/2  million  feet  of  fine  hemlock  left  to  spoil. 
(Exhibits  10  and  11  give  a  view  of  this  tract.  Exhibit  11  also  gives  a  view 
of  the  camp,  known  as  old  camp  12,  I  believe,  which  is  located  practically 
at  the  edge  of  this  tract.  The  track  ran  between  these  camps  and  this  tract 
and  a  portion  of  the  right  of  way  is  shown  by  light  streak  at  point  marked 
"X."  The  dark  streak  in  Exhibit  10  shows  the  same  tract  from  another 
angle.) 

White  pine  logs,  scaling  not  less  than  500  feet  of  the  finest  white  pine 
lumber  that  ever  grew  in  the  State  of  Wisconsin,  I  found  cut  and  left  in 
the  woods  to  be  destroyed  by  the  weather  and  worms.  (See  Exhibits  1 
and  2.) 

In  one  small  area  I  counted  not  less  than  14  white  pine  logs,  none  of 
them  less  than  12  feet  long  and  one  of  them  at  least  24  feet  long  and  con 
taining  the  cream  of  white  pine  lumber,  that  had  been  left  in  the  woods. 
These  logs  will  average  not  less  than  2y2  feet  at  the  small  end.  In  this  same 
area  were  two  white  pine  trees,  measuring  not  less  than  70  feet  from  butt 
to  first  limb,  or  to  be  exact,  24  paces,  that  had  been  felled  and  left  to  decay. 
From  these  trees  could  have  been  cut  the  very  finest  quality  of  white  pine 
lumber.  In  this  same  area  I  found  a  piece  of  hewed  timber,  about  20  inches 
square  and  not  less  than  40  feet  in  length,  or,  to  be  exact,  14  paces,  that  had 
been  left  where  hewed. 

Please  note,  Mr.  Commissioner,  that  these  logs  and  trees  just  referred  to 
were  as  good  as  any  that  ever  grew  fn  the  State  of  Wisconnsin  or  anywhere 
else.  I  cannot  make  this  statement  too  strong.  I  found  large  areas  that 
had  just  been  skimmed  over,  the  best  taken  out  and  vast  quantities  of  valu 
able  timber,  both  dead  and  down  as  well  as  green  and  standing,  left. 

All  of  the  timber  that  I  have  mentioned  in  this  statement  has  been  left  to 
spoil  as  the  track  has  been  taken  up  and,  if  it  is  ever  logged,  it  will  be  at  a 
great  expense  and  after  it  has  become  nothing  more  than  cull  timber. 

A  large  burned  over  area,  containing  several  million  feet  of  valuable  tim 
ber,  remains  uncut  and  uncared  for,  notwithstanding  the  fact  that  it  was 
burned  over  several  years  ago.  In  the  neglect  to  properly  handle  this  tract, 
alone,  the  tribe  has  sustained  an  enormous  loss. 

In  the  manufacture  of  square  timber  the  tribe  is  suffering  a  great  and 


27 

grievous  loss.     Only  the  best  of  timber  is  taken.     Nothing  but  the  largest 
and  tallest  trees  are  used  and  they  must  be  perfectly  round. 

In  the  hewing  many  feet  of  the  finest  lumber  is  lost  in  the  slabs  taken 
off.  I  would  estimate  this  loss  to  be  not  less  than  200  feet  to  each  piece, 
because  of  the  valuable  timber  left  in  the  tops  which  in  many  instances 
would  bring  the  amount  up  to  several  hundred  feet.  (See  Exhibit  2  showing 
slabs  against  tree.)  A  future  loss  will  result  from  the  fact  that  the  taking 
of  this  select  timber  leaves  an  inferior  grade  of  timber,  which  will  not 
bring  as  much  as  it  would  were  it  sold  in  conjunction  with  the  select  stuff. 

In  one  instance  a  watering  trough  had  been  hewed  from  a  white  pine  log, 
at  least  thirty  feet  long,  and  worth  in  lumber,  I  should  judge,  not  less  than 
$30.00.  A  trough  could  have  been  made  from  hemlock  plank  at  a  cost  not 
to  exceed  $2.50  and  the  horses  would  never  have  known  the  difference  and 
the  tribe  would  have  saved  $25.00  or  more. 

Green  lumber  is  being  cut  today  while  millions  of  feet  of  burnt  timber  is 
going  to  waste. 

Valuable  lumber  is  being  thrown  into  the  "hog,"  ground  up  and  hauled  out 
and  dumped  into  the  slough. 

Valuable  lumber  has  been  dumped  into  this  same  slough  and  covered  over 
with  this  ground-up  wood  from  the  "hog."  The  places  where  this  lumber 
has  been  buried. can  be  pointed  out.  (Exhibits  6  and  7  give  some  idea  of  this 
waste.) 

A  great  deal  of  material  from  which  considerable  revenue  could  be  realized 
has  been  and  is  being  thrown  into  the  "burner." 

Exhibit  9  shows  what  is  known  as  the  "sink  hole."  Into  this  hole  has 
been  dumped  some  300  carloads  of  gravel  besides  a  large  quantity  of  logs. 
Had  the  track  been  run  but  a  few  feet  to  one  side  it  would  have  had  high 
ground  and  this  hole  avoided. 

Mr.  Commissioner,  I  realize  that  I  have  made  some  very  strong  state 
ments  herein.  I  feel  that  it  is  up  to  me  to  prove  them.  I  earnestly  request 
that  you  give  me  an  opportunity  to  do  so.  Kindly  allow  me  to  point  out  the 
things  I  have  referred  to.  In  fact  I  feel  that  it  is  quite  possible  that  some 
of  these  items  will  not  be  located  unless  I  do  point  them  out.  I  would  be 
pleased  to  meet  any  representative  from  your  department  at  Shawano,  Wis 
consin,  at  any  time,  the  sooner  the  better,  however,  and  go  over  this  matter 
carefully  with  him.  Thanking  you  for  the  opportunity  to  present  these  facts, 
I  am, 

Respectfully  yours, 

(Signed)     D.  F.  TYRRELL, 
P.  O.  Address,  Gillette,  Wisconsin. 

Mr.  Commissioner,  it  has  just  occurred  to  me  that  I  was  informed  by 
members  of  the  tribe,  some  time  ago,  that  they  had  commenced  to  dray  in 
some  of  this  timber  that  had  been  cut  and  left  in  woods.  If  such  has  been 
done  it  was  at  a  great  expense  and  after  the  timber  had  greatly  deteriorated 
in  quality  and  value  and  for  the  purpose  only  of  getting  it  out  of  the  way. 
If  an  inspection  is  made,  before  snow  comes,  evidences  of  this  work,  if  any 
done,  will  be  readily  apparent. 

(Signed)     D.  F.  TYRRELL. 

NOTE. — The  exhibits  referred  to  in  the  above  letter  are  photographs  not 
available  for  reproduction. 


28 
EXHIBIT  2. 

Copy  of  Report  of  Mr.  L.  P.  Holland,  woodsman  in  the  employ 
of  Ayer  &  Lord  Tie  Company,  Chicago.  Dated  Paducah,  Ky., 
December  4,  1913. 

PADUCAH,  KY.,  Dec.  4,  1913. 
HON.  EDWARD  E.  AVER, 

Indian   Commissioner, 

Chicago,  Illinois. 
Dear  Sir : 

I  herewith  hand  you  my  report  on  three  days'  investigation  beginning  No 
vember  28th,  1913,  of  work  being  done  on  the  Menominee  and  Stockbridge 
Indian  Reservation  at  and  near  Neopit,  Wisconsin. 

On  the  28th  of  November  I  looked  over  and  inspected  carefully  the  mill 
yard.  I  found,  according  to  my  judgment,  based  on  nineteen  years'  ex 
perience  in  the  tie  and  lumber  business,  the  most  efficient  work,  both  in 
manufacture  and  care  of  stock,  that  I  have  ever  seen  on  any  mill  yard,  large 
or  small.  The  management  of  this  part  of  the  work  has  certainly  been  first 
class. 

Beginning  on  the  29th  of  November,  in  company  with  Mr.  Tyrrell  as  an 
attorney  for  some  eight  or  ten  Indians  who  were  also  along,  with  several 
other  parties,  I  began  the  inspection  of  the  cutting  and  logging  on  the  Reser 
vation,  following  the  direction  of  Mr.  Tyrrell.  I  was  first  shown  a  square 
timber  38  feet  long,  24  inches  in  diameter,  No.  187.  Mr.  Tyrrell  claimed 
a  loss  to  the  tribe  on  account  of  the  slabs  hewn  from  this  timber,  there  being 
some  very  small  slabs  taken  off.  I  could  not  see  the  loss  to  the  tribe,  as 
this  timber  had  been  measured  and  sold  and  the  tribe  had  credit. 

The  next  complaint  was  about  some  logs  decked  about  400  feet  from  the 
railroad.  Mr.  Tyrrell  claimed  a  loss  to  the  tribe  on  account  of  sledding  and 
re-decking  along  the  track.  When  told  by  E.  J.  Brigham,  who  has  charge 
of  the  logging,  that  they  would  be  loaded  as  they  were  sledded  and  would 
not  be  redecked,  Mr.  Tyrrell  said  this  would  not  be  done.  When  asked 
why,  he  stated  that  he  would  show  where  redecking  had  been  done  before, 
but  he  failed  to  do  this,  and  later  admitted  that  he  could  not. 

I  was  next  shown  five  white  pine  logs,  sap-stained,  which  he  claimed  should 
have  been  barked.  I  consider  the  damage  to  these  very  slight,  as  they  were 
right  on  the  railroad  and  will  be  taken  to  mill  right  away. 

Again,  Mr.  Tyrrell  claimed  that  the  stumps  were  cut  too  high.  At  this 
particular  point  the  stumps  were  rotten  and  hollow,  and  I  consider  that 
there  was  no  loss,  but  at  some  other  places,  the  stumps  were  cut  too  high, 
but  the  per  cent  of  sound  stumps  cut  high  was  very  small.  Mr.  Tyrrell  also 
complained  about  a  log  that  had  been  left  at  the  butt  of  a  tree.  This  log 
was  about  30  inches  in  diameter  at  the  small  end;  was  hollow  from  end  to 
end,  large  enough  for  a  man  to  crawl  through.  This  was  demonstrated  by  a 
man  crawling  through  the  log  from  end  to  end.  This  complaint,  in  my  judg 
ment,  was  absurd,  as  it  surely  would  have  been  a  loss  to  the  tribe  to  have 
made  the  expense  of  hauling  and  sawing  timber  of  this  kind. 


29 

Mr.  Tyrrell's  complaint  at  Camp  15  was  that  logs  had  been  cut  for  wood 
that  would  have  made  good  lumber.  These  logs  were  from  a  tree  that 
must  have  been  dead  at  least  ten  years,  in  my  judgment  worthless  to  the  tribe 
except  for  wood.  In  discussing  these  logs,  Mr.  Tyrrell  made  the  asser 
tion  that  any  white  pine  lumber  that  would  hold  together  was  worth  $16.00 
per  thousand.  This  shows  how  reckless  he  was  in  making  statements.  He 
showed  some  logs  that  had  been  peeled.  These  were  tops  from  trees  cut  for 
export.  These,  I  think,  were  in  good  condition  and  not  damaged.  Mr. 
Tyrrell  would  say,  if  logs  had  not  been  peeled  that  they  should  have  been 
peeled  to  preserve  them;  but  if  they  were  peeled  he  claimed  they  were  dam 
aged  by  worms. 

He  showed  several  logs  all  scattered  on  the  last  year's  work  in  the  swamp, 
that  were  left  on  account  of  the  breaking  up  of  cold  weather.  This  terri 
tory  is  still  in  operation  and  can  be  cleaned  up  this  winter.  Logs  in  good 
condition. 

Mr.  Tyrrell  next  showed  two  trees,  fourteen  logs  and  one  square  timber 
that  he  claims  should  have  been  loaded,  but  the  track  was  removed.  These 
logs  were  near  a  new  cutting  and  could  be  taken  up.  I  could  not  figure  out 
any  loss  here. 

From  this  point  we  passed  through  a  long  strip  of  burned-over  land,  an  old 
cutting.  In  this  strip,  the  timber  was  nearly  all  dead.  We  were  shown 
several  logs  cut,  and  quite  a  lot  of  standing  timber  of  the  cheaper  grades. 
This  was  cut  over  about  two  years  ago,  following  the  fire,  and  the  man 
agement  claims  they  cut  the  white  pine  and  left  the  hemlock  on  account  of 
the  pine  being  much  more  valuable  and  much  more  important  to  save  before 
it  damaged. 

On  November  30th  we  were  almost  exclusively  on  old  cuttings  of  two 
years  past,  and  over.  Complaint  was  made  about  logs  being  cut  for  lumber 
being  used  in  making  fills  for  the  railroad  and  stringers  for  bridges  for 
wagon  roads,  and  skidways  left  where  the  track  was  taken  up  and  removed, 
and  some  logs  left  scattered  over  this  old  territory.  These  claims  seemed 
to  be  more  reasonable  and  it  looked  as  though  there  had  been  some  careless 
work  done  by  some  one,  but  much  of  this  is  a  question  as  to  whether  the 
tribe  suffered  any  loss,  as  the  time  spent  in  getting  dirt  or  worthless  timber 
might  have  equalled  the  cost  of  putting  the  timber  in  bridges  and  fills. 

Mr.  Tyrrell  made  a  charge  against  the  management  for  charging  Tom 
LaBell,  an  Indian,  $36.00  for  the  use  of  camps  belonging  to  the  tribe,  while 
working  out  a  contract  on  a  certain  boundary  on  which  he  was  to  cut  and 
deliver  the  timber  at  $6.00  per  thousand.  I  fail  to  see  any  loss  to  the  tribe 
in  this,  but  had  they  furnished  a  camp  free,  as  Tyrrell  said  they  should 
have  done,  it  would  have  been  a  loss  to  the  tribe. 

Mr.  Tyrrell  showed  a  cut  through  the  hill  about  four  and  one-half  feet 
deep,  about  six  hundred  feet  long.  He  claimed  they  had  a  track  around  this 
hill  and  took  it  up  when  the  cut  was  made.  Mr.  Nicholson  says  this  cut  was 
made  as  the  passway  for  the  loaded  and  empty  cars  and  both  tracks  were 
used  at  the  same  time  and  the  cut  was  made  to  get  on  solid  ground  for  the 
loaded  cars,  on  account  of  the  ground  being  soft  and  swampy  where  the 
track  went  around  the  hill,  which  seems  to  be  a  good  business  proposition  in 
stead  of  a  waste.  Complaint  was  also  made  at  this  point,  about  110  ties 


30 

being  left  that  had  been  used  in  a  jam  dock.     These  were  inferior  ties  in  the 
beginning  and  had  been  used  in  the  track  before  being  put  in  the  dock. 

He  also  claimed  a  loss  to  the  tribe  by  the  management,  on  account  of  small 
trees  being  cut  for  skids  on  which  to  fell  the  large  trees  cut  for  export.  Mr. 
Nicholson  says  this  timber  was  all  measured  and  paid  for,  therefore  could 
not  be  a  loss  to  the  tribe. 

Mr.  Tyrrell  showed  some  timber  near  old  Camp  12  that  he  said  should 
have  been  cut.  This  was  burned-over  land  and,  in  my  judgment,  could  not 
be  worked  at  a  profit.  He  showed  about  4,000  cedar  logs  cut  about  two 
years  ago — also  some  poles  cut  by  Paul  Tebeau,  an  Indian.  These  logs  were 
in  a  swamp  and  were  left  on  account  of  the  breaking  up  of  the  ice.  They 
are  in  good  condition  and  Mr.  Brigham  says  they  will  be  taken  out  this 
winter. 

Mr.  Tyrrell  said  to  me  that  he  had  grown  up  in  the  lumber  business  in 
Wisconsin,  yet  he  showed  ignorance  in  a  surprising  way  to  me,  by  mis 
calling  the  kinds  of  timber  several  times.  He  would  call  hemlock  white 
pine,  and  he  did  this  on  several  occasions. 

I  have  gone  over  this  matter  at  considerable  length,  to  give  you  as  nearly 
as  possible  the  character  of  the  claims  and  charges  made  by  Mr.  Tyrrell, 
and  the  disposition  of  this  man  to  magnify  his  charges.  I  could  give  other 
instances,  but  think  these  sufficient.  After  carefully  going  over  the  situa 
tion  I  will  say  that  I  have  never  seen  or  known  a  job  run  by  any  one  where 
there  was  as  little  loss  in  timber  as  on  this  one,  and  especially  is  this  true 
of  the  last  two  years'  cutting.  While  there  are  some  logs  and  timber  left 
on  the  old  cutting,  in  my  judgment,  the  per  cent  is  much  smaller  than  is 
common  where  I  have  worked. 

Yours  very  truly, 

L.  P.  HOLLAND. 
Superintendent, 


EXHIBIT  2A. 

Mr.  L.  P.  Holland's  affidavit. 

January   29th,    1914. 

I  hereby  certify  that  the  statements  made  in  my  report  dated  December 
4th,  1913,  to  Honorable  Edward  E.  Ayer,  of  the  Board  of  Indian  Commis 
sioners,  regarding  conditions  on  the  Menominee  Indian  Reservation  are 
true  and  correct  to  the  best  of  my  knowledge  and  belief. 

(Signed)     L.  P.  HOLLAND. 

STATE  OF   KENTUCKY,  |  ss. 
County    of    McCracken.^ 

Subscribed  and  sworn  to  before  me,  a  Notary  Public,  this  29th  day  of 
January,  1914. 

FRANCES  JOHNSON, 
[SEAL]  Notary  Public. 

My  commission  expires  Jan.  30,  1916. 


31 
EXHIBIT  3. 

Copy  of  the  report  of  Mr.  Philip  R.  Smith,  Secretary  &  Treas 
urer  of  Ayer  &  Lord  Tie  Company,  Chicago,  in  regard  to  the 
affairs  on  the  Menominee  Indian  Reservation  at  Neopit,  Wis 
consin,  dated  December  30th,  1913. 

December   30th,    1913. 
MR.  EDWARD  E.  AVER, 

Railway   Exchange    Bldg., 

Chicago,  Illinois. 
Dear   Sir: 

You  having  requested  me  to  go  to  the  Menominee  Indian  Reservation 
with  you  to  look  over  the  books  of  the  Superintendent,  also  look  over  the 
mill  yard  and  some  of  the  logging  operations,  I  wish  to  report  that  I  went 
over  all  the  books,  ledgers,  cash  books,  journals  and  record  books,  not 
with  the  idea  of  a  detailed  check  or  audit,  but  with  the  idea  as  to  looking 
into  the  methods  of  handling  and  seeing  whether  they  were  complete  and 
also  to  see  whether  there  might  be  some  short  cuts  that  would  save  labor. 

After  noticing  the  immense  amount  of  detail  that  the  Government  insists 
on  in  its  reports  and  making  an  examination  of  the  books,  I  found  there  were 
few  places  where  any  saving  whatever  could  be  made  and  at  the  same  time 
furnish  the  amount  of  detail  required.  My  opinion  is  that  the  books  are 
exceptionally  well  designed  for  the  work  in  hand  and  that  they  are  ex 
ceptionally  well  kept,  and  I  have  no  hesitation  in  saying  that  Mr.  Ashford  is 
keeping  a  perfect  set  of  books. 

With  regard  to  the  yard,  I  went  through  the  yard  with  you,  Mr.  Tyrrell 
and  a  number  of  Indians,  also  with  Mr.  Holland  and  Mr.  Nicholson,  and  I 
found  that  wherever  the  piles  of  lumber  were  on  high  ground,  there  was 
very  little  trash  lying  around,  no  more  than  in  many  lumber  yards  I  have 
visited,  and  not  as  much  as  in  some.  There  was  quite  a  considerable  amount 
of  trash  in  that  part  of  the  yard  that  was  built  on  piling,  the  mill  having 
originally  been  set  in  the  bottom  and  a  large  part  of  the  yard  constructed 
over  the  water.  Wherever  this  was  the  case,  if  a  broken  piece  of  board 
fell,  or  any  of  the  old  piling  rotted  out,  or  the  timber  holding  the  lumber 
rotted,  they  were  liable  to  drop  in  the  water  and  were  not  taken  away,  but 
they  served  the  purpose  of  helping  to  fill  this  bottom,  as  a  great  share  of 
this  bottom  land  where  the  lumber  was  on  piling  has  now  been  filled  in  with 
waste  material  of  different  kinds  and  should  all  be  filled  in  to  make  an 
economical  piling  yard.  Any  trash  or  broken  pieces  that  may  have  dropped 
into  this  water  certainly  have  filled  their  place  in  helping  do  away  with  the 
water.  If  this  yard  had  all  been  on  high  ground,  no  doubt  this  accumula 
tion  would  have  been  taken  away.  I  saw  no  waste  of  good  material  or 
neglect  in  keeping  the  yard  in  an  ordinarily  clean  condition.  The  principal 
mistake  in  the  whole  proposition  was  the  location  of  the  mill  at  the  start. 

With  regard  to  the  woods,  I  went  into  the  woods  and  spent  two  days 
there.  Mr.  Nicholson  was  with  us  the  first  day,  and  Mr.  Tyrrell,  Mr.  Hol 
land,  Mr.  Brigham,  Mr.  Crowell,  Mr.  Kinney  and  a  number  of  Indians 
were  there  all  of  the  two  days.  I  found  conditions  in  the  woods  to  con 
form,  in  a  number  of  instances,  with  the  charges  made  by  Mr.  Tyrrell ; 


32 

that  is,  as  far  as  finding  logs  he  had  photographed  and  pieces  of  slabs  he 
had  photographed,  but  as  to  there  being  any  gross  extravagance  or  waste  in 
the  woods,  this  I  did  not  see. 

We  located  quite  a  good  many  logs  and  found  large  slabs  cut  from  some 
of  the  logs  and  also  found  some  logs  that  should  have  been  hauled  in,  but 
the  explanation  on  this  was  that  these  were,  particularly,  logs  cut  for  square 
timbers  left  on  account  of  the  early  thaw.  A  big  proportion  of  them  had 
been  peeled,  showing  that  an  effort  was  made  to  protect  them,  a  large  pro 
portion  of  them  will  be  brought  in  for  this  year's  cut  and  the  loss  will  be  ex 
ceptionally  small  on  these  logs. 

The  principal  loss  that  Mr.  Tyrrell  dwelt  on  was  in  the  cutting  of  these 
square  timbers,  and  he  claimed  there  was  an  awful  waste  in  the  slabs.  The 
contract  called  for  the  payment  of  these  logs  in  the  round;  therefore,  he 
paid  for  such  slabs  as  were  left  in  the  woods. 

We  found  other  logs  that  had  been  left  and  a  number  of  hemlock  trees 
that  had  been  left  in  the  last  three  or  four  years  on  burned  areas,  but  the 
instructions  at  the  time  were  to  cut  all  the  pine  and  better  class  of  timber,  as 
the  fair  season  was  so  short  that  they  had  to  cut  the  timber  that  would 
pay  the  most  and  the  timber  that  was  left  standing,  which  damaged  consid 
erably  by  being  left,  was  timber  that  would  net  but  small  returns,  and  they 
did  not  even,  in  the  time  they  had,  manage  to  get  all  of  the  pine  in,  though 
practically  all  of  it.  There  is  no  question  but  that  the  loss  would  be  an  ex 
ceptionally  small  per  cent  considering  the  immense  amount  of  timber  that 
was  brought  in  during  the  three  or  four  years. 

As  to  the  price  that  they  received  for  the  square  timber,  I  understand 
this  was  $70.00  per  M  in  the  tree,  standing.  They  are  only  getting  about 
$80.00  to  $85.00  per  M  for  select  cuts  of  the  same  class  of  timber  after  it 
has  been  logged,  hauled  to  the  mill,  manufactured  and  piled,  and  therefore 
I  consider  the  price  of  $70.00  per  M  in  the  tree,  standing,  was  an  excep 
tionally  good  one  and  far  better  than  manufacturing  this  timber,  paying  the 
cost  of  hauling,  cutting,  stacking  and  then  receiving  but  $75.00  per  M  for 
the  best  of  it,  and  much  less  for  the  lower  grades. 

Mr.  Tyrrell's  attitude,  as  I  saw  it  on  this  trip,  was  one  of  continual  fault 
finding.  He  seemed  to  see  nothing  that  was  done  right,  and  at  each  log 
that  we  would  come  to  in  the  woods,  he  would  make  a  speech  which  seemed 
to  be  made  for  the  benefit  of  training  the  Indians  and  making  them  dis 
contented.  The  only  time  I  heard  him  say  a  complimentary  word  was  to 
Mr.  Brigham  when  we  went  to  the  New  Camp  18  and  made  the  last  stop  of 
the  evening  coming  in  and  went  out  on  the  burned  district  where  Mr.  Brig- 
ham  had  cut  down  and  cut  up  practically  every  log  and  every  tree  on  the 
district,  and  we  found  many  logs  that  had  been  found  defective,  then  Mr. 
Tyrrell  stated  that  Mr.  Brigham  certainly  was  doing  his  work  properly 
there,  but  he  was  afraid  somebody  might  criticise  him  for  spending  money 
in  cutting  up  a  lot  of  this  timber  that  had  a  number  of  defects  not  visible 
until  cut,  and  they  might  accuse  him  of  waste  in  cutting  timber  that  should 
have  been  left  alone,  and  yet  this  was  the  same  class  of  burned  timber  that 
we  had  been  going  over  and  the  criticism  was  all  the  other  way,  because  it 
had  not  been  cut. 

Yours  very  truly, 

(Signed)     PHIL.  R.  SMITH, 

Secretary  and   Treasurer. 


33 

Affidavit  of  Mr.  Philip  R.  Smith. 

CHICAGO,  January  13,   1914. 

I  hereby  certify  that  the  statements  made  in  my  report  dated  December 
30th,  1913,  to  Honorable  Edward  E.  Ayer,  of  the  Board  of  Indian  Com 
missioners,  regarding  conditions  on  the  Monominee  Indian  Reservation  are 
true  and  correct  to  the  best  of  my  knowledge  and  belief 

(Signed)     PHILIP  R.  SMITH. 
STATE  OF  ILLINOIS,)  ss. 
County  of  Cook,      j 

Subscribed  and  sworn  to  before  me,  a  Notary  Public,  this  13th  day  of 
January,  1914. 

(Signed)     ARTHUR  W.  ARMSTRONG, 
[SEAL]  Notary  Public. 


EXHIBIT  4. 

Affidavit  of  Mr.  L.  W.  Kemnitz. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Louis 
Kemnitz,  of  Greenbay,  Wisconsin,  a  lumberman  cutting  timber 
on  the  Wolf  River,  near  Neopit,  December  1,  1913. 

Mr.  Kemnitz  was  a  visitor  at  the  Menominee  Indian  Mill  on  December 
1st,  where  he  was  introduced  to  Mr.  Ayer  by  the  Superintendent,  Mr.  Nich 
olson.  Selected  from  the  ensuing  conversation,  of  a  general  nature,  are  the 
following  questions  and  answers : 

Mr.  Ayer: 
Q.  How  many  lumber  yards  have  you  been  in,  Mr.  Kemnitz  ? 

Mr.  Kemnitz : 
A.  About  40. 

Mr.  Ayer : 

Q.  How  do  you  think  this  yard  here  compares  with  most  of  those  you 
have  been  in,  in  regard  to  cleanliness  ? 

Mr.  Kemnitz : 

A.  Mr.  Ayer,  as  I  said,  I  have  been  in  about  40  different  yards  and  I  think 
this  is  far  superior  in  that  respect  to  most  of  them. 

(Signed)     L.  W.  KEMNITZ, 

Green  Bay,  Wis. 
Witness : 

CLARA  K.  JANSEN, 
MOSE  A.  JANSEN. 

Personally  appeared  before  me,  a  Notary  Public  in  and  for  Langlade 
County,  State  of  Wisconsin,  L.  W.  Kemnitz,  of  Green  Bay,  Wisconsin,  who 
made  oath  that  the  foregoing  testimony  is  true  to  the  best  of  his  knowledge 
and  belief. 

Dated  at  Phlox,  Wis.,  this  20th  day  of  Jan.,  1914. 

(Signed)     MOSE  A.  JANSEN, 
Notary  Public,  Langlade  Co.,  Wisconsin. 
My  commission  expires  Dec.  13,  1915.     P.  O.  Phlox,  Wis. 


34 

EXHIBIT  5. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Bernard 
C.  Nelson,  yard  foreman,  at  Menominee  Indian  Reservation, 
Neopit,  Wisconsin,  December  1,  1913. 

Mr.  Ayer: 
Q.  How  long  have  you  been  foreman  here? 

Mr.  Nelson : 

A.  Ever  since  it  started. 

Q.  You  have  had  to  fill  it,  have  you? 

A.  Yes. 

Q.  Hasn't  it  been  injurious,  filling  it  over  water? 

A.  Yes;  it  had  to  be. 

Q.  Couldn't  it  have  been  arranged  otherwise? 

A.  No;  I  couldn't  get  to  solid  ground. 

Q.  When  you  get  it  filled  in  it  will  be  better,  of  course? 

A.  Yes,  but  it  hasn't  settled  yet. 

Q.  Do  you  think  there  has  been  any  good  lumber,  except  by  accident,  ever 
covered  up  in  that  yard 

A.  No,  sir. 

Q.  Is  there  any  lumber  that  could  have  been  sold  for  any  price  in  that 
dump? 

A.  No,  sir. 

Q.  Those  piles  with  ends  sticking  out,  aren't  they  of  any  value? 

A.  No,  sir ;  it  might  look  like  lumber,  but  it  never  was  merchantable  lumber. 

Q.  How  often  do  you  go  through  the  yard  and  practically  clean  it  up? 

A.  I  have  men  every  day,  but,  of  course,  sometimes  I  don't  have  a  chance. 

Q.  Has  the  scarcity  of  labor  anything  to  do  with  the  yard  getting  in  bad 
shape  ? 

A.  Yes,  sir;  I  had  to  work  some  of  the  white  men  16  out  of  24  hours;  the 
Indians  would  not  work  that  way.  I  then  told  the  Indians  to  go  through  the 
trams  and  pick  up  the  small  pieces.  I  would  have  had  them  pick  up  all  the 
No.  3,  etc.,  and  put  them  in  the  grades  where  they  belong,  but  I  could  not 
get  any  men. 

Q.  All  this  lumber  across  the  river  and  on  the  higher  bank  is  in  good 
shape  is  it? 

A.  Yes,  sir. 

Q.  How  much  cleaner  was  the  yard  when  I  came  here  the  other  day  than 
it  usually  is  this  season  of  the  year? 

A.  It  wasn't  any  cleaner.  There  are  always  pieces  dropping  off  now  and 
then;  but  the  mill  is  shut  down  now  and  I  have  had  a  good  opportunity  to 
pick  up.  When  the  mill  is  running  night  and  day  I  don't  have  so  good  an 
opportunity. 

Mr.  Ayer : 

Q.  What  percentage  of  the  pine*n  this  neighborhood  will  run  C  and  better? 

Mr.  Nelson : 

A.  I  would  say  around  50%. 
Q.  What  per  cent  would  run  B  and  better? 
A.  About  15%, 


35 

Q.  How  many  thousand  feet  of  miscuts  have  you  made  this  year? 

A.  About  160,000—^4  of  1%. 

Q.  How  high  have  you  ever  known  miscuts  to  run? 

A    From  about  1  to  lr/2%  we  figured  on  where  I  worked  before. 

Q.  Some  of  them  have  said  that  the  machinery  was  out  of  order  and  that 
the  last  two  plank  would  become  destroyed  and  have  to  go  into  the  lathe 
plant. 

A.  No ;  the  sawyer,  Mr.  Turney,  who  was  on  the  night  shift,  told  me  his 
carriage  was  not  working  right  and  that  the  last  pieces  came  over  the 
slasher,  but  I  didn't  see  anything  of  that  kind  done. 

Mr.  Nelson : 

In  1910  we  piled  No.  3  hemlock  where  that  lumber  was  buried,  and  it 
settled  down  8  feet.  Now  the  evaporation  from  that  hogfoot  kept  it  con 
tinually  moist ;  it  wouldn't  dry  out,  so  I  repiled  it.  When  I  got  down  to  the 
water's  edge  after  picking  out  the  best  of  it,  the  bottom  boards  were  so 
rotten  that  they  were  worthless.  So  I  said :  "Leave  it  there  and  we  will 
cover  it  up,"  instead  of  having  it  taken  away  for  lath. 


EXHIBIT  6. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Peter 
L.  Adams,  foreman  of  the  mill,  at  Menominee  Indian  Reserva 
tion,  Neopit,  Wisconsin,  December  1,  1913. 

Mr.  Ayer : 

Q.  You  are  the  foreman  of  the  mill,  aren't  you? 

Mr.  Adams : 

A.  Yes,  sir. 

Q.  Of  course  no  mill  will  do  good  work  unless  it  is  kept  in  order,  will  it? 

A.  No,  sir. 

Q.  Has  it  been  in  good  order  the  last  year,  with  the  exception,  of  course, 
of  things  that  would  ordinarily  occur? 

A.  Yes,  sir. 

Q.  How  about  the  resaw? 

A.  We  have  what  is  acknowledged  to  be  a  good  one,  although  it  is  not 
the  kind  I  wanted. 

Q.  But  it  has  done  good  work,  as  a  rule? 

A.  Yes,  sir. 

Q.  Now,  there  have  been  some  complaints  that  on  the  last  two  plank  the 
resaw  would  not  take  6-inch  stuff,  but  would  only  saw  4-inch  stuff ;  is  that 
true? 

A.  Well,  our  resaw  is  an  upright  resaw.  We  have  to  take  the  slabs  off 
until  the  first  faces  are  clear.  Now  in  sawing  with  the  big  bends  on  the 
carriages  those  faces  must  be  finished,  and  sometimes  they  go  through  the 
bark  which  is  left  on  and  when  thrown  over  to  the  resaw  sometimes  the 
bark  drops  off  and  that  makes  a  little  variation  in  the  resaw.  I  have  cau 
tioned  my  sawyers  about  it. 

Q.  What  is  the  usual  percentage  of  badly  sawed  lumber  in  a  place  of  this 
kind? 

A.  Well,  I  formerly  worked  for  J.  W,  Wells.    Mr.  Wells  is  a  man  who  has 


36 

had  eleven  different  mills.  He  is  located  at  Menominee.  He  would  never 
raise  much  of  a  fuss  until  my  miscuts  amounted  to  2%.  In  figuring  up  I 
find  that  here  it  is  ^  of  1%. 

Q.  Have  you  had  any  trouble  with  any  of  your  sawyers  in  the  last  six 
months  ? 

A.  Yes,  I  have;  particularly  with  one. 

Q.  Will  you  give  me  his  name  and  the  nature  of  the  trouble? 

A.  His  name  is  Grant  (J.  T.)  Turney.  The  nature  of  the  trouble  is  that 
he  is  a  general  disturber.  This  last  season  we  have  been  short  of  men  pretty 
much  all  the  time,  and  never  started  a  shift,  night  or  day,  where  I  had  any 
assurance  of  having  a  full  mill  crew.  Mr.  Turney,  seeing  that  I  was  in 
trouble,  would  make  more  trouble.  He  is  a  man  who  talks  a  great  deal  and 
has  knocked  me  to  others,  declaring  that  I  was  incompetent.  He  stamped 
the  setter  off  the  carriage  one  morning  about  4  o'clock  and  was  going  to  get 
another  man,  but  the  night  foreman  objected.  The  night  foreman  made 
him  complete  the  shift.  In  the  morning,  on  my  way  to  work,  I  met  the 
setter  and  he  told  me  the  nature  of  the  trouble.  This  setter  was  a  man  that 
Turney  took  on  as  a  carriage  rider  and  developed  him  into  a  setter.  This 
man  said  peremptorily  that  he  would  not  wait  for  Turney  any  longer.  This 
put  me  short  of  a  setter  and  I  couldn't  get  another,  and  I  put  Turney's  son 
on  as  setter.  I  think  he  wanted  to  get  his  son  a  job.  However,  Turney's 
son  did  as  well  as  could  be  expected. 

Mr.  Adams : 

Another  instance  was  where  he  had  a  rider  who  complained  about  his 
tools,  his  cant  hook,  etc.,  and  he  said,  "If  your  cant  hook  don't  suit  you  throw 
it  in  the  conveyor."  If  it  had  been  thrown  into  the  conveyor  it  would  simply 
have  gone  into  the  burner  and  disposed  of  it. 

Another  offense  of  his.  He  got  sour  at  the  blacksmith,  who  has  to  look 
over  the  carriages  twice  a  day.  The  mill  stops  at  6.45  in  the  morning  and  he 
has  three-quarters  of  an  hour  to  look  them  over;  also  an  hour  at  noon.  The 
carriage  crew  are  supposed  to  let  him  know  what  is  wrong.  Turney  got 
sour  at  the  blacksmith ;  nothing  he  did  was  right.  The  dogs  in  our  carriages 
are  the  ordinary  ones  that  came  with  the  mill,  the  Prescott  dogs.  These 
are  all  right  in  big  timber,  although  in  small  timber  they  are,  we  find,  in 
efficient.  Very  often  they  would  have  to  make  a  second  and  third  attempt 
to  hold  the  log.  This  Turney  blamed  to  the  blacksmith.  Along  about  the 
Fourth  of  July  the  blacksmith  got  sick  and  I  had  to  look  after  things  myself. 
I  took  a  dog  out  and  without  any  change  put  it  into  a  block  on  the  other 
side  of  the  mill  and  run  it  for  three  weeks.  The  man  on  the  other  side 
did  not  complain. 

Mr.  Ayer : 

Q.  How  long  did  Mr.  Turney  work  for  the  company  as  sawyer? 

Mr.  Adams : 

A.  This  was  the  third  season. 

Q.  Did  he  ever  complain  about  the  resaws  before  these  last  six  months? 

A.  Occasionally. 

Q.  Do  you  pay  any  attention  to  the  percentage  of  lumber  that  comes  out 
of  the  log;  are  you  in  charge  of  that? 

A.  No ;  I  have  to  look  after  the  cutting  in  the  mill,  but  not  the  sorting. 


37 

Q.  Was  there  any  complaint  that  the  finish  of  the  log  could  not  be  sawed 
properly  and  was  destroyed? 

A.  No;  if  there  was  it  was  when  I  wasn't  noticing  things.  You  under 
stand  that  with  my  multitudinous  duties  I  can't  be  on  the  saw  floor  all  the 
time. 

Mr.  Ayer: 
Q.  But  it  wasn't  habitually  that  this  happened,  was  it? 

Mr.  Adams : 
A.  Oh,  no. 

Q.  This  man  is  discharged,  is  he  not?  (Referring  to  Turney,  the  sawyer.) 
A.  Yes,  I  discharged  him.  He  is  now  working  at  one  of  the  camps. 
Now,  in  further  testimony,  Mr.  Nicholson  made  an  investigation  and  his 
notes  are  in  evidence.  I  also  have  the  signed  statement  of  the  men  who 
work  in  the  same  capacity  as  Mr.  Turney  in  the  mill,  and  who  were  there 
at  the  time;  of  the  millwright  and  his  helper;  of  the  night  foreman  and 
of  the  three  other  sawyers. 

Q.  Will  you  have  copies  of  these  statements  furnished  me;  will  you  have 
Mr.  Nicholson  send  them  to  me? 
A.  Yes,  sir. 

(COPY) 

(Copied  from  original  on  Dec.  1,  1913,  for  Mr.  Edward  E.  Ayer.) 

MENOMINEE  INDIAN  MILLS,  NEOPIT,  WIS. 

P.  L.  Adams,  Mill  Superintendent. 

We  whose  names  appear  below  use  this  means  to  contradict  the  statements 
made  by  Grant  Turney  to  A.  S.  Nicholson  and  others. 

A.  That  the  machinery  of  the  saw  mill  was  allowed  to  run  down  to  such 
an  extent  that  good  lumber  could  not  be  made  with  it. 

B.  That  the  men  whose  duties  were  to  keep  up  the  mill  refused  to  re 
spond  to  their  calls,  made  by  the  signal  whistle. 

C.  That  Turney  was   discriminated   against  in  the  efficiency  of  the  men 
assigned  him  for  his  work. 

D.  That  the  management  of  the  mill  suffered  by  comparison  with  that  of 
other  mills  in  this  State  during  the  season  of  1913. 

Signed  by:  D.  C.  MOVER,  Sawyer. 
E.  J.  LAPORTE,  Sawyer. 
THEO.  LAPORTE,  Sawyer. 
GEO.  VASOLD,  Millwright. 
AXEL  FOSSON,  Oiler. 
OTTO  GLASSOW,  Night  Foreman. 


EXHIBIT  7. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Thomas 
Prickett,  one  of  the  Committee  appointed  by  the  tribe,  at  Me- 
nominee  Indian  Reservation,  Neopit,  Wisconsin,  December  1, 
1913. 

Mr.  Ayer : 
Q.  How  long  have  you  been  connected  with  this  plant? 


38 

Prickett : 

A.  Ever  since  it  was  built. 

Q.  Are  you  now  working? 

A.  No ;  not  for  the  last  two  years. 

Q.  Are  you  an  Indian? 

A.  Yes ;  not  a  full  blood,  but  I  am  a  member  of  the  Menominee  tribe. 

Q.  Now,  in  a  few  words,  tell  me  what  is  the  matter.  What  do  you  sug 
gest  as  the  remedy? 

A.  The  log  superintendent  here  was  not  competent  to  run  our  plant,  that 
is  Mr.  Woodcock,  who  left  here  some  time  this  spring  or  summer. 

Q.  Was  he  discharged? 

A.  No ;  he  resigned  last  spring. 

Q.  Who  is  in  his  place  now? 

A.  Brigham. 

Q.  Have  you  had  any  experience  with  him? 

A.  From  all  accounts,  since  he  has  been  here  he  has  attended  to  his 
business  and  I  know  he  is  trying  to  save  money  for  the  tribe.  He  is  a  gentle 
man.  Now  if  Mr.  Woodcock  got  money  for  us  we  would  all  help  him. 

Q.  Are  you  familiar  with  other  loggings,  in  other  sections  of  the  country? 
Have  you  logged  for  private  concerns? 

A.  I  work  at  Merrill,  Wisconsin. 

Q.  Is  the  lumbering  done  here  on  this  reservation  the  last  two  years 
satisfactory? 

A.  No,  sir ;  it  is  not. 

Q.  In  what  respect  was  the  logging  under  Mr.  Woodcock  bad? 

A.  When  a  man  is  superintendent  of  three  or  four  camps  he  has  no 
business  in  this  office  all  the  week.  They  hired  men  with  no  experience  of 
sawing  logs  that  would  make  good  lumber.  (Here  Mr.  Prickett  detailed 
an  instance  supposed  to  bear  out  this  statement.) 

At  this  point  Mr.  Ayer  explained  to  Mr.  Prickett  how  the  plant  had 
added  to  the  funds  at  Washington,  during  the  past  two  years,  $444,000;  that 
there  had  undoubtedly  been  mistakes  made  in  the  woods  and  about  the  mill 
and  that  our  present  duty  here  was  to  find  out  how  important  they  were. 
Also  that  Mr.  Ayer's  expert  had  reported  that  the  accounts  were  in  good 
shape. 

Mr.  Ayer : 

Q.  What  is  this  attorney  employed  by  you  Indians  for? 

Mr.  Prickett: 

A.  Well,  now,  we  Indians  can  come  up  here  to  Mr.  Nicftolson,  but  cannot 
get  information ;  but  Mr.  Tyrrell  can  come  up  here  to  Mr.  Nicholson  and 
he  knows  what  we  Indians  want  and  can  find  out  from  Mr.  Nicholson. 

Q.  Don't  you  think  the  yard  here  today  is  in  good,  satisfactory  condition? 

A.  Yes ;  everything  is  clean. 

Q.  Are  the  lumbering  camps  kept  clean? 

A.  I  think  they  are. 

Q.  You  would  be  perfectly  satisfied  with  Mr.  Nicholson  if  they  are  mak 
ing  good  money  here? 

A.  Yes,  sir;  perfectly  satisfied. 


39 
EXHIBIT  7A. 

Copy  of  Mr.  Thomas  Prickett's  letter  to  Mr.  D.  F.  Tyrrell, 
dated  Neopit,  Wisconsin,  Dec.  11,  1913,  and  sent  to  Mr.  Tyrrell 
at  Washington,  D.  C. 


MR.  D.  F. 

Washington,  D.  C. 
My  Dear  Tyrrell: 

Inclosed  herewith  find  typewritten  copy  with  my  own  attached  as  per  your 
request  of  December  9th,  last. 

If  I  understand  it  correctly,  you  want  me  to  answer  the  questions  as  I 
gave  them  at  the  time  I  had  an  interview  with  Mr.  Ayer.  You  will  note 
on  the  typewritten  copy  pencil  marks,  which  mean  errors  of  the  stenographer 
or  Ayer. 

Q.  Was  he  discharged? 

A.  I  did  not  know,  he  resigned  to  take  another  place.  Understand  he 
got  bigger  wages. 

Q.  Who  is  in  his  place  now? 

A.  There  is  a  man  here  now.  I  heard  he  was  doing  good  work  and  trying 
to  pick  up  all  the  logs  that  was  left. 

Q.  Have  you  had  any  experience  with  him? 

A.  (Down  to  further  line  about  Woodcock.)  Now  if  Mr.  Woodcock 
made  money  for  us  we  would  like  it,  but  he  did  not. 

Q.  What  is  this  attorney  employed  by  you  Indians  for? 

A.  I  told  him  we  could  come  to  Nicholson  and  he'd  turn  us  down,  and 
we  want  him  as  our  attorney  during  the  investigation,  the  one  that  is  coming. 

Q.  Don't  you  think  the  yard  here  today  is  in  good  satisfactory  condition? 

A.  (He  also  asked  me  if  the  yard  was  cleaned  every  two  weeks,  and  I 
answered  No,  for  it  never  was  cleaned  for  2  years,  and  could  get  50  white 
employees  to  testify  to  this.) 

Q.  Are  the  lumbering  camps  kept  clean? 

A.  I  don't  know. 

Q.  Are  you  familiar  with  other  loggings,  in  other  sections  of  the  country? 
Have  you  logged  for  private  concerns? 

A.  Worked  for  Mr.  McCord,  of  Merrill,  Wis.,  for  18  years.  I  estimated 
timber  for  him  and  bought  on  my  estimation  and  I  put  it  in,  that  is,  the 
timber. 

There  seems  to  be  a  question  left  out  entirely  as  I  remember  of  putting  it 
up  to  Mr.  Ayer  explaining  to  him  that  there  were  too  many  men  working 
both  here  at  the  mill  and  the  camps.  This  is  what  Ayer  leaves  out  of  the 
report.  Now,  Mr.  Tyrrell,  these  answers  in  response  to  the  questions  asked 
me  are  about  as  near  as  I  can  remember  of  answering,  they  do  not  differ 
very  much,  as  shown  on  the  report,  only  that  there  is  a  lot  left  out. 

I  am  also  sending  you  under  separate  cover  the  films  you  asked  for, 
which  goes  forward  in  today's  mail. 

Very  truly  yours, 

(Signed)     TOM.   PRICKETT. 


40 
EXHIBIT  7B. 

Report  of  Mr.  Edward  E.  Ayer's  second  interview  with  Mr. 
Thomas  Prickett,  at  Menominee  Indian  Reservation,  Neopit, 
Wisconsin,  December  17,  1913. 

Mr.  Ayer : 

Q.  There  has  been  a  question  come  up  about  the  money  raised  by  the 
tribe  here  and  given  to  attorneys.  How  much  money  has  been  raised  for 
that  purpose  and  given  to  attorneys? 

Mr.  Prickett: 

A.  I  have  the  book  at  the  house :  I  couldn't  say. 

Q.  Will  you  furnish  me  a  list  of  these  names  this  afternoon? 

A.  Yes,  sir;  certainly. 

Q.  That  money  was  sent  to  Mr.  Ballinger  in  Washington  or  given  to  Mr. 
Tyrrell? 

A.  No,  sir. 

Q.  Sent  to  Mr.  Ballinger  ? 

A.  Yes,  sir.  Two  hundred  fifty  dollars. 

Q.  You  raised  $250.00  for  Mr.  Tyrrell? 

A.  No,  for  Mr.  Ballinger.  We  raised  it  for  the  investigation  that  is  to 
come. 

Q.  Did  you  expect,  then,  when  the  investigation  was  here,  to  have  a  lawyer 
come  here? 

A.  Yes,  to  conduct  our  affairs. 

Q.  Had  you  been  promised  an  investigation? 

A.  I  think  the  Indian  Office  appointed  some  joint  committee  to  investigate 
all  the  Reservations  in  the  United  States. 

Q.  Who  promised  you? 

A.  The  Department. 

Q.  You  were  in  the  party  that  went  in  the  woods? 

A.  Yes,  sir. 

Q.  Had  you  been  logging  in  the  woods? 

A.  No,  sir. 

Q.  For  what  purpose  did  you  go? 

A.  Well,  there  has  been  parties  here  that  saw  timber  that  Mr.  Kemnitz 
left  lying  here  cut  and  I  was  ordered  by  the  committee  to  see  where  the 
logs  were. 

Mr.  Ayer : 

Q.  Then  there  is  a  committee  appointed  by  the  tribe  to  look  after  these 
affairs? 

Mr.  Prickett: 
A.  Yes,  sir. 

Q.  Who  are  the  members  of  the  committee? 
A.  Mitchell  Oshkenaniew,  Louis  LaFrambois  and  myself. 
Q.  Just  three  of  you? 
A.  Yes. 


41 

Q.  Is  Oshkenaniew  still  in  good  standing  in  that  committee? 
A.  I  think  so. 

Mr.  Ayer : 

Q.  In  regard  to  cleaning  up  the  mill.  They  commenced  cleaning  up  when 
the  mill  was  shut  down? 

Mr.  Prickett: 
A.  I  think  so. 

Q.  After  they  shut  half  they  commenced  to  clean  up? 
A.  Yes,  sir. 

Q.  When  all  the  mill  was  shut  down  they  put  on  a  greater  force? 
A.  Yes,  sir. 
Q.  Now,  you  say  that  all  of  this  money  that  was  raised  here  was  sent  to 

Mr.  Ballinger? 

A.  No,  sir ;  Mr.  Tyrrell,  we  had  to  pay  his  expenses. 

Q.  When  he  came  up? 

A.  Yes,  sir. 

Q.  How  much  did  you  pay  him? 

A.  We  paid  him  $125.00. 

Q.  The  balance  of  the  $250.00? 

A.  The  balance  was  sent  to  Mr.  Ballinger. 

Q.  Do  you  know  that  LaFrambois  mortgaged  his  place  and  sent  $250.00 
to  Mr.  Ballinger? 

A.  No,  I  do  not  think  so. 

Q.  You  never  heard  that  he  sent  any? 

A.  I  think  he  did. 

Q.  You  have  heard  of  it? 

A.  Yes. 

Q.  How  much  was  that? 

A.  That  was  $250.00  that  we  raised  for  Mr.  Ballinger. 

Q.  Then  you  raised  $125.00  later  for  Mr.  Tyrrell? 

A.  Yes,  for  his  expenses. 

Q.  That  money  was  raised  by  LaFrambois,  the  $250.00? 

A.  Yes. 

Q.  You  do  not  know  whether  he  mortgaged  his  place  or  not? 

A.  No,  he  had  no  real  estate  to  mortgage.  He  had  friends  and  raised  the 
money. 

Q.  So  that  makes  $375.00  the  tribe  has  raised  altogether? 

A.  Yes. 

Q.  When  was  the  money  sent  to  Mr.  Ballinger? 

A.  Just  before  you  came  up  the  other  time. 

Q.  It  has  been  supposed,  Mr.  Prickett,  that  a  law  firm  of  Tyrrell  & 
Ballinger  are  attorneys  before  the  Court  of  Claims  for  Mr.  Cook  in  pressing 
his  claim  against  the  Menominee  Indians  before  the  Court  of  Claims.  Is 
that  true? 

A.  I  do  not  think  it. 

Mr.  Ayer : 

Q.  What  reason  have  you  for  not  thinking  that  Mr.  Tyrrell  and  Mr. 
Ballinger  represent  Mr.  Cook  in  his  claim  for  $32,000  and  $100,000  damages 
before  the  Court  of  Claims  in  Washington? 


42 

Mr.  Prickett : 

A.  This,  Tyrrell  would  not  accept  his  claim  because  it  was  turned  down 
here  before  they  took  up  them  other  cases.  That  is  how  I  came  to  know  it. 

Q.  Has  Tyrrell  told  you  or  any  Indians  in  your  presence  that  he  had 
nothing  to  do  with  it? 

A.  Yes,  sir ;  he  said  so. 

Q.  He  told  the  Indians  so  in  your  presence? 

A.  Yes,  sir. 

Q.  Do  you  think  he  is  attorney  of  some  of  the  Indian  claims  on  the  same 
job? 

A.  Yes,  sir. 

Q.  You  feel  very  sure  that  Mr.  Tyrrell  and  Mr.  Ballinger  have  nothing  to 
do  with  the  Cook  claim  before  the  Court  in  Washington? 

A.  Yes,  sir.    I  am  sure. 


EXHIBIT  8. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Louis 
LaFrambois,  at  Menominee  Indian  Reservation,  Neopit,  Wiscon 
sin,  December  1,  1913. 

Mr.  Ayer : 

Q.  I  have  come  up  here  and  I  find  a  great  deal  of  dissatisfaction.  Now 
what's  the  matter  with  you? 

LaFrambois : 

A.  Mr.  Ayer,  I  came  here  a  few  months  before  Mr.  Nicholson.  At  one 
time  there  was  an  engineer  here,  who  was  discharged.  This  Indian  who 
was  discharged  wanted  me  to  write  Senator  LaFollette,  and  in  my  letter  I 
told  the  Senator  that  some  of  the  people  here  were  well  capable  of  being 
camp  foremen.  I  told  him  I  was  also  a  good  fireman,  that  I  could  go  into 
any  plant  as  a  good  scientific  fireman. 

Here  Mr.  LaFrambois  presented  a  copy  of  Mr.  Nicholson's  report  against 
him. 

Mr.  Ayer: 

Q.  I  want  to  find  out  what  you  know  about  this  place.  You  have  worked 
around  here  for  three  years? 

LaFrambois : 

A.  Yes. 

Q.  Have  you  worked  in  other  mills? 

A.  Yes,  sir. 

Q.  Are  you  familiar  with  the  conditions  in  other  mills,  with  the  dirt 
around  the  mills,  etc.?  How  does  this  compare  in  cleanliness  around  the 
town,  in  the  camps,  in  the  planing  mill,  around  the  yard,  in  the  warehouse, 
etc.,  with  other  mills? 

A.  I  have  been  here  since  the  lumber  began  to  be  piled  and  it  was  never 
clean  until  this  fall. 


43 

Q.  Do  you  consider  the  breakage  around  here  excessive? 

A.  Yes;  I  do. 

Q.  Now,  around  the  mills  and  the  supply  department,  isn't  it  as  clean  as 
you  usually  find? 

A.  Yes,  sir ;  they  are  in  good  shape. 

Q.  Do  you  know  how  many  Indians  have  been  employed  here  during  the 
past  year? 

A.  No. 

Q.  271  have  been  employed  permanently  by  the  mill  every  day  of  the 
year,  on  the  average.  Don't  you  think  this  was  a  good  portion  of  the  480 
able-bodied  men  in  the  tribe? 

A.  They  could  have  got  more.  We  have  had  men  here  who  were  as  good 
carriage  riders  as  white  men,  but  they  could  not  see  any  prospect  of  ad 
vancement  and  so  they  quit. 

Q.  What  were  they  getting? 

A.  $2.25  a  day. 

Q.  Do  you  think  it  was  wise  for  them  to  throw  up  a  job  when  they  were 
getting  this  salary — $60  a  month? 

A.  Well,  Mr.  Ayer,  carriage  riding  is  very  hard  work  and  when  they 
saw  they  could  not  be  advanced  they  simply  quit  and  went  at  other  work. 

Mr.  Ayer : 

Q.  Have  you  any  other  grievance  yourself,  personally? 

LaFrambois : 

A.  No.  My  grievance  is  that  I  am  a  good  fireman  and  have  had  a  lot  of 
experience. 

Q.  Well,  did  you  ever  quit  a  job  because  they  would  not  make  you 
engineer? 

A.  No,  I  did  not. 

Q,  And  still  you  think  these  men  who  quit  had  a  grievance?  Don't  you 
know  that  this  is  a  business  proposition  here,  that  they  have  to  make  this 
mill  pay? 

A.  Mr.  Ayer,  when  I  came  here  my  ambition  was  to  become  an  engineer, 
but  I  feel  that  I  never  could.  I  wanted  to  be,  in  my  old  age,  an  engineer 
and  take  care  of  everything.  I  know  I  could  learn  these  things,  but  I  never 
get  a  chance.  My  future  is  going  to  look  just  as  black  as  the  blackest 
depths  of  hell  just  as  long  as  I  stay  here  and  there  is  no  change.  My  wife 
likes  this  place  here,  but  if  this  man  stays  here  I  am  going  to  break  up  my 
happy  home  and  go  away. 

Q.  How  many  children  have  you? 

A.  I  have  seven  children. 

Here  Mr.  Ayer  advised  LaFrambois  not  to  carry  out  his  intention,  to  alter 
his  point  of  view,  telling  him  never  to  quit  a  job  until  he  had  another,  and 
never  to  refuse  a  job. 

LaFrambois : 

I  have  been  a  woodsman  for  twenty  years  and  yet  a  man  comes  here  for 
twenty  minutes  and  tells  me  I  don't  know  anything  about  it. 

And  I  want  you  to  put  this  down,  too — that  I  have  been  a  citizen  of  the 
United  States  and  voting  for  21  years ! 


44 

EXHIBIT  8A. 

Copy  of  letter  from  Mr.  Louis  D.  LaFrambois  to  Mr.  D.  F. 
Tyrrell,  attorney,  dated  Neopit,  Wisconsin,  December,  1913. 

NEOPIT,  Wis.,  Dec.,  1913. 
Mr.  D.  F.  TYRRELL. 

Sir :  I  find  in  the  interview  with  Mr.  Ayer  on  Dec.  1,  1913,  are  not  as  I 
worded  the  facts  to  him.  I  suppose  it  is  due  to  the  fact  he  had  so  much  to 
do  in  such  a  short  space  of  time,  he  also  failed  to  take  anything  that  might 
be  damaging  to  Mr.  Nicholson.  1  do  not  understand  how  this  can  be,  as  Mr. 
Ayer  assured  me  he  was  my  friend.  I  am  not  saying  he  is  not  my  friend, 
but  he  is  not  a  lover  of  fair  play.  I  did  not  tell  Mr.  Ayer  that  I  wrote  to 
Mr.  La  Follette  and  told  him  I  was  a  scientific  fireman.  I  told  Mr.  Ayer 
himself  that  I  had  done  scientific  firing,  that  is  the  way  us  firemen  term  it 
when  we  test  coal. 

He  failed  to  state  that  I  showed  him  recommendations  from  very  reliable 
people  to  show  that  I  had  been  a  lumberman  for  over  twenty  years,  also  a 
letter  to  show  I  was  chief  fireman  for  the  Menominee  River  Sugar  Company 
at  one  time.  Now  the  Menominee  Sugar  Beet  factory  is  one  of  the  largest 
of  its  kind  in  the  world.  He  also  failed  to  say  anything  in  regards  to  Mr. 
Nicholson's  report  against  me.  It  showed  Mr.  Ayer  very  plain  that  Mr. 
Nicholson's  report  was  a  pure  fabrication  manufactured  to  suit  his  own 
purpose.  I  also  told  Mr.  Ayer  I  did  not  quit  the  sugar  factory  because  they 
did  not  make  me  chief  engineer  for  the  simple  reason  the  Menominee  River 
sugar  factory  is  not  owned  by  the  Menominee  Indians ;  they  were  not 
obliged  to  make  me  an  engineer ;  but  this  plant  here  at  Neopit  was  built  here 
to  educate  us,  but  the  opportunities  to  learn  are  denied  us.  I  did  not  tell 
Mr.  Ayer  I  was  going  to  break  up  my  home,  but  I  told  him  this :  if  Mr. 
Nicholson  stays  here,  a  lot  of  us  Indians  will  have  to  leave  the  reservation. 
My  wife  likes  it  very  well  here  and  that  he,  Mr.  Nicholson,  might  be  the 
cause  of  breaking  up  one  happy  home. 

I  said,  Mr.  Ayer,  do  you  know  that  Dr.  Dixon  made  a  statement  at  Green 
Bay,  Wisconsin,  to  the  effect  that  he  found  the  Indians  actually  starving  on 
some  of  the  reservations  ?  Mr.  Ayer  said  he  did  not  read  the  statement. 
Well,  I  said,  such  conditions  exist  right  on  this  reservation,  that  a  lot  of 
Indians  might  die  of  starvation  if  Mr.  Nicholson  stayed  any  longer. 

Now,  we  will  come  to  the  engineering  question.  Mr.  Ayer  told  me  a  man 
had  to  be  a  machinist  before  he  could  become  an  engineer.  I  told  him  I 
was  no  mechanic  but  this  plant  being  built  here  for  the  Indians  I  thought 
they  ought  to  overlook  a  few  things  and  give  me  a  chance  as  we  had  a  very 
good  mechanic  here  in  the  shop  who  could  help  me.  I  then  told  him  of  my 
family,  how  I  loved  my  little  ones  just  as  he  did  his,  that  if  I  got  a  position 
that  paid  fair  wages  I  could  take  better  care  of  my  little  ones,  that  I  was 
getting  along  in  years  and  felt  that  I  was  entitled  to  it. 

Question.  Mr.  Ayer,  I  have  showed  you  that  I  am  a  lumberman,  have  been 
one  for  over  twenty  years. 

Answer.  You  have  showed  me  you  are  a  first-class  lumberman,  also  a 
first-class  fireman. 

I've  showed  you  I  have  been  a  lumberman  for  twenty  years.  Now  there 
is  men  who  will  come  here  who  are  not  able  to  show  and  cannot  show 


45 

to-day  where  they  had  been  lumbermen  for  twenty  minutes  before  coming 
here,  yet  these  men  will  tell  me  I  do  not  know  what  I  am  talking  about. 

Now  when  those  logging  cars  were  first  brought  here,  I  helped  to  put  them 
together.  It  did.  not  require  skilled  labor.  There  was  two  of  us  engaged 
in  the  work.  The  only  difference  between  us  was  this :  I  was  a  better  man 
than  he  was,  meaning  the  man  I  was  working  with.  He  got  two  dollars  per 
day  while  I  got  $1.50  per  day  doing  the  same  work. 

Mr.  Ayer  did  not  like  this  kind  of  treatment  and  he  asked  if  this  was 
done  under  the  present  administration.  I  told  him  it  was  under  Mr  Nichol 
son's  administration.  This  was  omitted.  How  about  the  lumber  yard.  I  told 
him  I  was  sure  the  yard  never  was  cleaned  till  this  fall  and  told  him  I 
could  swear  to  that ;  I  told  I  could  get  other  men  here  who  would  also 
swear  to  the  same  thing.  Mr.  Ayer  said  I  will  take  your  word  for  it. 

This  is  what  took  place  to  the  best  of  my  knowledge. 

I  will  say  further  that  the  men  who  are  employed  here  as  engineers  are 
not  machinists  by  any  means.  I  know  myself  that  this  man  Bently  who  is 
running  the  big  engine  here  in  the  mill  was  carrying  wrenches  for  a  steam- 
fitter  when  this  mill  was  built.  Now  if  I  was  an  engineer  I  do  not  think 
I  would  be  around  helping  a  steamfitter  for  a  couple  of  dollars  per  day 
when  I  could  be  running  an  engine  somewhere  for  twice  as  much  money 
than  what  he  was  getting,  but  you  see  if  an  Indian  asks  for  such  jobs  he 
has  to  be  a  very  competent  man  or  he  don't  get  the  job. 

Now  concerning  the  woods  work  here  is  where  we  are  the  heavy  losers. 
I  am  one  man  that  would  not  be  a  camp  foreman  under  the  present  admin 
istration  because  those  people  does  not  know  how  to  log,  their  method  of 
logging  is  very  expensive.  I  believe  I  could  go  up  here  to  Camp  No.  18  and 
save  this  tribe  of  Indians  anywhere  from  one  to  five  thousand  dollars,  just 
in  this  winter's  work.  I  am  not  talking  for  a  job  as  logging  superintendent, 
but  I  say  if  I  was  logging  superintendent  I  could  do  that  and  do  it  easy. 

Now  there  is  a  man  here  who  was  riding  carriage  here  in  the  mill.  He  is 
a  Frenchman.  Now  the  sawyer  is  a  Frenchman  also.  This  carriage  rider 
buys  this  sawyer  a  five-dollar  hat  to  let  him  set  for  him.  What  is  the  result? 
He  gets  the  job  not  because  he  is  capable,  but  because  he  buys  this  five-dollar 
hat.  This  is  just  to  show  how  much  chance  an  Indian  has  here.  I  told  Mr. 
Ayer  I  was  a  voter  and  had  been  for  22  years  and  not  21  years  as  he  has  it. 
This  was  to  show  we  are  not  all  ignorant  savages  as  we  are  sometimes 
painted. 

Louis  D.  LAFRAMBOIS. 


EXHIBIT  8B. 

Copy  of  letter  from  Louis  LaFrambois  to  Mr.  Edward  E.  Ayer, 
dated  Neopit,  Wisconsin,  December  17th,  1913. 

NEOPIT,  Dec.   17,   1913. 
EDWARD  E.  AYER, 

Chicago,  111. 
Dear  Sir : 

Just  received  your  letter  of  recent  date,  stating  you  was  in  receipt  of  a 
letter  telling  you  I  had  mortgaged  some  property  in  Marinette  to  raise  $200.00 
to  send  to  Mr.  Ballinger  at  Washington,  D.  C.  It  seems  you  want  to  protect 


46 

my  interests,  does  it  not?  Mr.  Ayer,  I  told  you  once  before  I  had  a  lot  of 
respect  for  old  age.  and  I  tell  you  again.  Now.  Mr.  Ayer.  don't  you  think  it 
would  have  been  better  if  you  had  looked  up  records  and  find  out  those  things 
before  you  said  anything  about  it?  Mr.  Ayer,  you  made  a  statement  at 
Keshena  that  I  had  mortgaged  property  to  raise  money  to  send  to  Mr.  Bal- 
linger.  Now  you  did  me  a  great  injustice  for  saying  things  you  absolutely 
knew  nothing  about. 

I  gave  you  my  hand  when  you  told  me  you  was  my  friend,  but  you  have 
proven  it  to  my  entire  satisfaction  you  are  not  my  friend.  Now,  if  you  are 
my  friend  please  let  me  know  who  wrote  you  such  a  letter.  If  you  want  to 
be  my  friend  and  want  to  protect  my  interests,  have  this  man  Nicholson 
removed  at  once.  Then  we  will  think  you  are  the  grandest  old  man  that 
ever  lived. 

Respectfully  yours, 

LOUIS   D.   LAPRAMBOIS, 

Neopit,  Wis. 


EXHIBIT  9. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  T.  J.  Tur- 
ney,  sawyer,  at  Menominee  Indian  Reservation,  Neopit,  Wis 
consin,  November  30th,  1913. 

Mr.  Turney  was  presented  to  Mr.  Ayer  by  Mr.  D.  F.  Tyrrell,  attorney,  and 
was  interviewed  in  the  presence  of  Mr.  Tyrrell. 
Mr.  Ayer : 

Q.  Are  you  working  at  the  mill  now? 
Mr.  Turney: 

A.  No ;  I  am  in  the  woods  now.     I  used  to  be  the  head  sawyer  until  the 
4th  of  October. 
Mr.  Ayer  : 

Q.  Mr.  Turney,  I  wish  you  would  outline,  in  a  general  way,  what  you  think 
is  the  trouble  around  here. 
Mr.  Turney: 

A.  The  principal  trouble  has  been  with  the  mill,  that  there  has  been  nobody 
looking  after  it.  We  would  try  our  best  to  get  anything  that  went  wrong 
in  the  mill  fixed,  but  without  success.  Now,  one  time  our  lubricator  went 
wrong  and  I  called  the  millwright's  attention  to  it,  but  at  10.45  they  went  out 
to  dinner  without  replying.  I  found  Mr.  Adams  then  and  told  him  my 
trouble,  but  still  nothing  was  done  between  that  time  and  noon,  and  so  I  cut 
only  500,  and  I  should  have  cut  somewhere  from  eight  to  nine  thousand. 

Another  thing  that  has  been  wrong  is  the  resaw.  A  resaw  is  supposed 
to  cut  rough  stock.  Now,  the  way  this  one  is  fixed  it  splits  in  the  center. 
You  have  to  take  off  the  slab  and  the  2-inch  board  and  the  2-inch  plank. 
They  have  been  experimenting  with  this  resaw  ever  since  I  have  been  here, 
and  I  guess  they  always  will  be. 
Mr.  Ayer : 

Q.  Now,  in  regard  to  this  resaw  and  this  breaking  down,  how  long  have 
you  sawed  in  this  mill? 


47 

Mr.  Turney: 

A.  Four  years  the  later  part  of  this  winter. 

Q.  Has  this  occurred  before,  that  is,  the  break  downs  not  attended  to 
promptly? 

A.  Yes.  And  the  entire  force  of  millwrights  after  10.45  do  not  pretend 
to  do  anything ;  they  get  ready  to  go  to  dinner.  The  proper  way  is  to  go 
at  11.00  and  leave  the  mill  running  alone  until  they  get  back  again. 

Q.  What  time  do  they  return? 

A.  Well,  they  generally  go  down  to  the  blacksmith  shop  and  sit  around 
until  the  12  o'clock  whistle  blows,  and  then  they  go  into  the  mill. 

Q.  Then  between  11  and  12  there  are  not  any  millwrights  in  the  mill? 

A.  No. 

Mr.  Turney : 

Last  Fall  when  they  shut  down  the  lumber  was  being  spoiled.  Mr.  Adams 
sent  to  Prescott's  for  a  man  to  fix  the  set  works.  So  we  got  a  man  down 
here  to  repair  them.  When  he  came  he  found  that  Mr.  Adams  had  removed 
what  he  considered  the  king  pin  of  the  set  works,  what  he  calls  the  cushion. 
Mr.  Adams  told  me  to  go  with  this  man  and  watch  him  to  see  that  the  set 
works  were  fixed.  A  fellow  stayed  here  about  four  days  and  all  he  had 
to  do  was  to  put  back  on  what  they  had  taken  off. 

Mr.  Ayer : 
Q.  Did  they  then  work  all  right? 

Mr.  Turney: 
A.  Yes. 

Q.  How  long  had  they  been  running  badly? 
A.  A  full  season ;  a  year. 

Mr.  Turney : 

Just  before  we  shut  down  for  the  Fourth  of  July  Mr.  Adams  notified  me 
that  the  sawyers  would  not  do  any  repairing.  So  consequently  we  kept  away 
from  the  mill  for  ten  days,  and  when  we  came  back  we  found  the  carriage 
in  the  most  ridiculous  shape  and  consequently  we  couldn't  move  a  truck  on 
the  carriage.  Well,  after  we  got  the  carriage  adjusted  we  found  the  head 
blocks  were  \]/2  inches  away  from  the  saws.  The  dogs  here  have  never  been 
taken  care  of.  One  would  get  bent  and  they  would  come  out  and  bend  it 
back  cold,  which  would  make  it  like  a  letter  S.  Mr.  Adams  let  this  go  eight 
days  one  time  before  this  was  fixed  at  all. 

It  would  be  safe  to  say  that  60%  of  the  last  two  plank  went  on  the  slabs 
to  the  slasher,  and  whether  they  were  cut  for  lathe  or  went  to  the  burner 
I  don't  know. 

Mr.  Turney: 

To  go  back  to  the  resaw.  This  can  do  nothing  but  split  in  the  center. 
Now  if  we  had  a  bill  for  3x6s,  3x8s  or  3xl2s,  this  resaw  is  supposed  to 
cut  up  anything  from  14  inches  down,  but  you  cannot  cut  3-inch. 

Mr.  Ayer : 
That  is  the  fault  of  the  type  of  resaw  that  they  have. 

Mr.  Turney: 
No.    It  is  the  fault  of  the  remodeling  that  Mr.  Adams  did. 


48 


EXHIBIT  10. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Theo. 
LaPorte  and  Mr.  Ed.  LaPorte,  sawyers,  Menominee  Indian  Res 
ervation,  Neopit,  Wisconsin,  December  1,  1913.  Mr.  Theo. 
LaPorte  speaking,  and  expressing  the  views  of  both. 

Mr.   Ayer: 
Q.  Are   you   connected   with   the   mill? 

Theo.  LaPorte: 

A.  Yes,  sir,  I  am  one  of  the  sawyers. 

Q.  What  has  been  the  general  condition  of  the  mill  for  the  past  year,  as 
far  as  its  adaptability  to  saw  good  lumber  and  everything  of  that  kind. 

A.  Well,  sir,  in  general  I  think  the  conditions  of  the  mill  have  been  up  to 
the  standard,  and  as  to  the  mill  manufacturing  lumber  as  other  mills,  I 
think  it  has  been  as  good  as  any  of  them. 

Q.  Which  side  have  you  sawed  on?     Who  was  your  other  sawyer? 

A.  D.  C.  Moyer. 

Q.  Does  he  feel  about  the  same  as  you  do? 

A.  Yes,    sir. 

Q.  Do  you  think  if  any  bad  lumber  comes  through  that  the  machinery  of 
the  mill  has  been  to  blame? 

A.  That's  just  about  the  way  it  has  been.  The  machinery  has  been  out 
of  order,  but  just  for  a  short  time. 

Q.  And  when  you  reported  anything  wrong  with  the  carriage  or  dogs  or 
anything,  it  has  been  attended  to  in  a  reasonable  time? 

A.  Yes,  sir. 

Q.  Do  you  pay  any  attention  to  the  grade  of  lumber  that  comes  out  of 
certain  logs  ? 

A.  Yes,  sir,  we  do;  that  is  our  business. 

Q.  Now,  in  sawing  a  log  of  say,  500  feet,  what  would  it  make? 

A.  Well,  it  isn't  our  business  so  much  to  figure  out  what  the  log  will 
make,  but  to  go  after  the  grades. 

Q.  Well,  what  percentage  of  say  B  and  A  boards  do  you  get  out  of  a  white 
pine  log? 

A.  Probably  one-third, — of  the  higher  grades. 

Q.  Are  there  any  logs  here  that  will  run  more  than  one-third  of  the  two 
best  grades, — B  and  up 

A.  Well,  sometimes  we  can  cut  as  low  down  as  D-select  and  better. 

Q.  But,  taking  150  of  the  best  logs  that  come  out,  the  average  would  be 
how  much? 

A.  I  think  we  ought  to  get,  on  an  average,  right  straight  through,  25 
per  cent  of  D  and  better. 

Q.  Would  there  be  very  much  culls? 

A.  Why,  no;  very  few. 

Mr.  Ayer: 

Q.  Did  you  have  any  difficulty,  the  last  six  months  before  you  shut  down? 

Theo.  LaPorte: 
A.  No,  sir. 


49 

Q.  The  machinery  was  satisfactory,  and  everything  attended  to  at  the 
proper  time? 

A.  Yes,  sir. 

Q.  And  you  have  run  opposite  Mr.  Turney  for  his  last  six  months  in  the 
mill  and  you  find  his  machinery  was  all  right  and  everything,  and  that  there 
was  nothing  the  matter  on  account  of  the  mill  being  inadequate? 

A.  Oh,  no,  sir.     (Meaning  the  mill  was  not  inadequate.) 


EXHIBIT  11. 

Summary  of  detailed  report  of  Mr.  J.  P.  Kinney,  Supervisor  of 
Forests,  in  the  employ  of  U.  S.  Government,  dated  December  10th, 
1913. 

December  10,  1913. 
MY  DEAR  MR.  AVER: 

In  my  report  of  December  5th,  1913,  to  you,  regarding  the  lumbering 
operation  conducted  by  the  Indian  Service  at  Neopit  on  the  Menominee 
Indian  Reservation  in  Wisconsin,  I  gave  you  in  detail  the  most  faithful 
word  picture  that  I  could  of  the  conditions  as  I  actually  found  them  during 
an  investigation  extending  over  the  four  days,  November  29th  to  December 
2d,  1913,  inclusive.  I  thought  it  advisable  to  put  into  permanent  form  a 
statement  of  the  facts  as  presented  to  us  by  the  Indians  and  purposely 
avoided  an  expression  of  my  personal  opinions  upon  the  situation,  except  so 
far  as  was  necessary  in  order  to  give  you  a  clear  view  of  the  "setting"  of 
particular  occurrences  in  the  woods  and  of  the  general  impression  which,  as 
it  seemed  to  me,  those  occurrences  would  make  upon  any  one.  That  is,  I 
aimed  to  confine  myself  as  much  as  possible  to  the  function  of  a  witness 
and  to  present  facts  from  which  you  could  draw  conclusions.  In  compliance 
with  your  subsequent  request,  I  shall  now  express  briefly  my  own  conclu 
sions  as  to  what  I  found  at  Neopit.  I  shall  discuss  the  woods  end  of  the 
operation  chiefly,  for  I  have  as  yet  had  but  limited  opportunity  to  investigate 
conditions  at  the  mill  and  I  know  that  you  were  able  to  make  a  personal 
examination  of  conditions  in  the  mill  and  lumber  yard. 

Prior  to  the  autumn  of  1910  all  logging  under  the  Act  of  March  28,  1908 
(35  Stat.  L.,  51),  had  been  conducted  in  the  area  west  of  Neopit  along  the 
branch  line  of  the  Wisconsin  Northern  Railroad  and  in  a  small  area  near 
the  main  line  of  this  railroad  at  the  southern  border  of  the  reservation. 

The  year  1910  was  one  of  exceptional  drought  and  severe  forest  fires.  In 
the  late  summer  or  autumn  of  that  year  a  fire  burned  about  50,000,000  feet 
of  timber  in  parts  of  Sections  24  and  36  of  Township  30  North,  Range  14 
East,  and  Sections  19,  20,  29,  30  and  31  of  Township  30  North,  Range  14 
East.  The  larger  part  of  this  timber  was  white  pine.  It  was  of  course 
recognized  that  the  worms  would  seriously  injure  this  timber  if  it  were  not 
logged  within  two  years.  Very  late  in  the  fall  of  1910  work  was  begun  on  a 
logging  railroad  which  connected  with  the  Wisconsin  Northern  near  the 
center  of  Section  33,  T.  30  N.,  R.  14  E.,  and  extended  in  an  easterly  direc 
tion  to  the  burned  area. 

Logging  operations  during  the  following  two  years  were  confined  almost 
exclusively  to  the  timber  which  had  been  burned.  In  the  fall  of  1910  three 


50 

Camps,  11,  12A  and  14  were  built  in  the  burned  district.  These  camps  di 
rected  their  efforts  chiefly  toward  the  saving  of  the  white  pine  which  had 
been  burned.  Over  15,000,000  feet  of  pine  were  cut  and  decked.  As  soon 
as  the  railroad  could  be  completed  in  the  spring  of  1911  the  hauling  of  these 
logs  to  the  mill  began.  Fortunately  no  fire  occurred  in  the  summer  of  1911 
and  the  burned  pine  was  brought  to  the  mill  and  manufactured  at  a  satis 
factory  profit. 

The  only  really  serious  waste  of  timber  in  the  woods  to  which  our  atten 
tion  was  directed  consisted  of  the  white  and  Norway  pine  logs  which  were 
not  taken  out  from  a  part  of  the  area  logged  in  1910-11.  As  I  have  said  in 
my  report  of  December  5th,  the  leaving  of  white  pine  logs  of  the  quality 
which  we  found  seems  entirely  inexcusable,  but  when  consideration  is  given 
to  the  very  unusual  conditions  which  existed  there  at  the  time,  it  is  easy  to 
understand  how  the  Supt.  of  Logging  then  in  charge  might  have  become 
somewhat  indifferent  to  the  aim  of  clean  logging,  his  effort  being  to  make 
every  stroke  of  work  count  in  the  accomplishment  of  the  big  things  in  hand. 

I  do  not  wish  to  be  understood  as  condoning  or  palliating  the  failure  of 
the  management  to  pick  up  valuable  pine  logs  lying  near  the  railroads  and 
sleigh  roads,  but  I  am  presenting  the  above  facts  as  a  reasonable  explana 
tion  of  why  results  were  as  we  found  them.  It  must  be  admitted  that  Mr. 
C.  H.  Woodcock,  the  superintendent  of  logging,  worked  with  tremendous 
energy  and  that  whatever  his  faults  and  mistakes  may  have  been,  he  suc 
ceeded  in  bringing  the  logs  from  the  Evergreen  District  to  the  Menominee 
Mills  at  Neopit  at  an  exceptionally  low  figure.  The  cost  of  logs  in  the  pond 
at  Neopit  cut  during  the  year  1910  to  1912  inclusive,  in  the  Evergreen  Dis 
trict,  was  from  $1.00  to  $2.00  less  than  the  cost  of  logs  under  similar  condi 
tions  at  other  mills  in  Wisconsin. 

The  greater  portion  of  the  timber  cut  in  1911-12  consisted  of  hemlock 
(22,000,000  feet).  The  leaving  of  burned  hemlock  uncut  within  the  area  of 
logging  operations  of  1910-1911  and  1911-12  was  pointed  out  by  the  Indians 
as  particularly  representative  of  mismanagement,  As  I  have  observed  in 
my  report  of  December  5th,  the  hemlock  market  in  the  autumn  of  1910  gave 
promise  of  a  margin  of  only  66  cents  per  thousand  in  the  manufacture  of 
hemlock  lumber  and  this  $.66  must  cover  both  stumpage  and  profit.  The 
amount  realized  for  both  stumpage  and  profit  on  hemlock  sold  during  the 
period  October  1,  1911,  to  September  30,  1912,  was  only  $1.56.  The  cost  of 
manufacturing  this  lumber  was  not  above  the  average  cost  at  other  mills  of 
the  same  grade  in  the  State  of  Wisconsin.  Clearly  the  management  made 
no  mistake  in  devoting  its  chief  energies  toward  the  saving  of  pine  rather 
than  hemlock,  and  the  enormous  loss  which  has  been  alleged  through  the 
leaving  of  the  less  accessible  hemlock  and  that  of  poorer  quality,  never,  in 
fact,  occurred. 

The  cedar  cut  by  Paul  Tebeau  and  left  in  the  woods  was  within  the  log 
ging  area  of  1911-12.  This  operation  looks  bad.  The  loss  in  stumpage  value 
there  was  not  serious,  but  the  amount  expended  by  the  mills  in  "staking" 
the  Indian  contractor,  Tebeau,  in  this  fizzling  attempt  to  cut  and  land  cedar 
was  a  clear  loss.  It  is  hard  to  fix  responsibility  in  such  a  case  as  this.  I 
don't  feel  that  it  is  just  to  criticise  Mr.  Nicholson  too  harshly  for  disastrous 
results  which  flowed  from  an  attempt  on  his  part  to  encourage  an  Indian  in 
industry. 

Aside  from  the  leaving  of  pine,  hemlock  and  cedar  in  1910-11  and  1911-12, 


61 

no  evidence  of  waste  or  mismanagement  of  any  serious  consequence  was 
presented,  except  the  leaving  of  unpeeled  pine  logs  in  the  woods  during  the 
summer  of  1913  from  the  square  timber  operation  and  other  cutting  of 
1912-13.  The  number  of  such  logs  was  not  large.  I  should  judge  the  whole 
amount  thus  left  would  not  exceed  20,000  feet.  At  a  stumpage  of  $11.00 
per  M,  this  timber  has  a  value  of  $220.00.  Even  if  these  logs  be  given  a 
stumpage  value  double  this  amount  the  value  is  not  of  great  relative  im 
portance  in  connection  with  a  lumbering  plant  logging  30,000,000  feet  a  year. 
I  have  no  hesitation  in  asserting  that  the  stumpage  value  of  these  particular 
logs  for  sawing  into  timber  at  Neopit,  or  at  any  other  mill  was  less  than 
$20.00  per  M.  For  the  sake  of  argument  let  us  put  the  value  at  $20.00  per 
M.  This  gives  a  value  of  $400.00  to  all  that  was  left.  The  depreciation 
could  not  possibly  be  placed  above  10  per  cent,  or  $40.00.  Is  not  this  a 
mere  bagatelle  compared  with  the  loss  of  time  and  cash  which  have  been 
expended  by  the  Indians  in  an  unwise  and  misdirected  attempt  to  make  the 
little  hill  of  non-feasance  appear  a  mountain  of  mal-feasance? 

I  am  sincerely  thankful  that  the  Indians  observed  the  mistake  that  had 
been  made  and  that  they  desire  to  direct  attention  to  it,  I  cannot  escape 
the  conviction  that  if  all  of  them  had  been  perfectly  honest  and  possessed 
of  a  really  helpful  public  spirit  the  matter  would  have  been  reported  to 
Supt.  Nicholson  and  probably  corrected.  And  it  is  but  just  that  I  should 
say  that  in  my  opinion  more  things  of  this  character  would  be  reported  to 
Mr.  Nicholson  if  his  attitude  toward  the  Indians  and  his  employees  were 
less  reserved.  If  Mr.  Nicholson  were  more  approachable  possibly  there 
would  be  less  tendency  on  the  part  of  the  Indians  to  confide  their  imperfect 
knowledge  and  fancied  wrongs  to  persons  having  a  limited  and  biased  per 
spective  of  affairs  upon  the  reservation. 

When  sifted,  the  charges  of  waste  and  loss  in  connection  with  the  cutting 
of  white  pine  and  rock  elm  timbers  were  found  to  be  of  little  substance. 
The  slabs  taken  from  the  pine  timbers  had  been  paid  for.  An  exceptionally 
high  price  had  been  received  for  the  pine  taken,  No  man  with  any  accurate 
knowledge  of  the  market  value  of  white  pine  and  rock  elm  timber  in  Wis 
consin  would  think  of  charging  that  the  Indians  were  suffering  a  loss  through 
the  sale  of  the  hewn  white  pine  and  rock  elm. 

During  the  thirteen  months,  from  September  1,  1911,  to  September  30th, 
1912,  the  Menominee  Indian  Mills  sold  11,717,870  feet  of  white  pine  at  an 
average  price  of  $24.62  per  M.  I  believe  it  fair  to  assume  that  substantially 
representative  quantities  of  the  different  grades  that  the  Menominee  white 
pine  will  cut  out  were  included  in  the  amount  then  sold.  That  was  the 
year  when  the  large  cut  of  pine  made  in  1910-11  was  sold.  The  average 
cost  of  all  lumber  loaded  in  the  car  for  shipment  without  stumpage  was 
shown  by  the  Neopit  books  for  the  year  ending  September  30,  1912,  to  be 
$9.72  without  stumpage.  This  shows  $14.90  for  stumpage  and  profit  com 
bined.  The  cost  of  manufacturing  pine  is  somewhat  less  than  the  average 
for  all  species.  Let  us  assume  that  the  cost  of  manufacturing  pine  was 
only  $9.00.  This  would  leave  $15.62  for  stumpage  and  profit.  The  prices 
of  white  pine  in  general  have  not  advanced  since  September  30,  1912.  White 
pine  B  select  and  better  is  quoted  today  by  the  standard  Minneapolis  price 
list  at  $72.00  per  M  for  2-inch  stock.  Very  small  quantities  may  be  obtained 
by  careful  selection  which  will  bring  as  high  as  $85.00  when  sawn  in  especially 
thick  plank.  However,  the  greater  part  of  the  higher  grade  output  of 
mills  manufacturing  northern  white  pine  is  sold  as  C  select  and  better. 


52 

The  highest  quotation  on  this  is  $65.00  per  M  for  2-inch  stock.  Now  the 
sort  of  timber  which  is  taken  by  Mr.  Kemnitz  under  his  hewn  timber  con 
tracts  would  not  saw  out  more  than  30  per  cent  of  C  select  and  better. 
The  other  70  per  cent  would  fall  into  lower  grades  and  part  of  it  would 
need  to  be  sold  in  the  form  of  sawn  lumber  for  as  low  as  $35  or  even  $25 
per  M.  As  the  timber  which  was  cut  by  Mr.  Kemnitz  in  the  spring  of  1913 
was  sold  at  $70  per  M  stumpage  for  all  he  took,  including  the  slabs  which 
he  hewed  off,  I  am  at  a  loss  to  understand  how  anyone  with  ordinary  intel 
ligence  and  sincerity  of  purpose  can  assert  that  the  Indians  suffered  a  loss 
because  this  pine  was  not  brought  to  the  mill  and  manufactured.  Should 
it  be  suggested  that  the  pine  could  have  been  cut  into  logs  and  sold  for  manu 
facture  outside  the  Reservation,  I  venture  to  assert  that  the  logs  which 
Kemnitz  took  in  16-foot  lengths  on  cars  could  not  have  been  sold  for  $35.00 
per  M,  or  one-half  what  was  received  for  them  without  the  cost  of  logging. 
Furthermore,  the  logging  could  not  be  done  on  this  timber  as  cheaply  as  on 
the  pine  logged  in  1910-11. 

Let  us  discuss  rock  elm  for  a  moment.  The  mill  run  value  of  the  rock 
elm  sawn  into  lumber  and  sold  at  Neopit  in  the  fiscal  year  1912-13  was 
$18.84  per  M.  The  average  cost  of  manufacture  during  that  period  was 
$10.16.  Over  two-thirds  of  the  entire  cut  was  hemlock,  and  the  cost  of 
manufacture  on  rock  elm  alone  was  probably  at  least  $11.50  per  M.  This 
leaves  $7.34  for  both  stumpage  and  profit.  Careful  computation  at  Neopit 
has  shown  that  the  sale  value  of  1,000  feet  B.  M.  rock  elm  at  47  cents  per 
cubic  ft.  of  hewn  timber  is  $31.82.  If  we  deduct  from  this  $31.82  a  charge 
of  $2.00  to  help  wipe  out  the  book  charge  for  railroad  construction,  over 
head  expense,  etc.,  which  must  be  met  by  all  stumpage  cut  on  the  reserva 
tion,  we  have  $29.82  as  the  actual  amount  per  M  realized  for  stumpage  and 
profit  on  rock  elm  sold  for  hewn  export  timbers.  That  is,  the  net  amount 
realized  per  M  on  the  elm  used  for  hewn  timber  is  more  than  $20  per  M 
higher  than  the  amount  which  can  be  realized  through  the  manufacture  of 
the  same  timber  into  lumber. 

Very  respectfully, 

J.   P.   KINNEY, 
Supervisor  of  Forests. 
HON.  E.  E.  AVER, 

Railway  Exchange  Bldg., 
Chicago,  Illinois. 


EXHIBIT  11A. 

Supplementary  report  of  Mr.  J.  P.  Kinney,  Supervisor  of  For 
ests,  in  the  employ  of  U.  S.  Government,  dated  December  16th, 
1913. 

Answering  Mr.  Edward  E.  Ayer's  question  in  letter  of  December  8th, 
1913,  "What  percentage  of  the  merchantable  timber  left  in  the  woods  in  the 
last  three  years  will  still  be  able  to  be  taken  to  the  mill?" 

DECEMBER  16,  1913. 
MY  DEAR  MR.  AYER  : 

Your  letter  of  December  8th  was  forwarded  to  me  from  Washington  and 
received  yesterday, 


53 

The  total  amount  of  logs  left  in  the  woods  at  Neopit  during  the  past 
three  years,  which  came  to  my  attention,  would  not  exceed  100,000  feet.  I 
should  say  that  at  least  two-thirds  of  this  timber  can  be  brought  to  the  mill 
so  as  to  realize  a  profit  upon  it.  Thus  the  actual  amount  of  these  logs  that 
cannot  profitably  be  saved  will  be  25,000  to  30,000  feet  board  measure. 

There  were  doubtless  some  logs  left  which  I  did  not  see,  but  as  we  cov 
ered  a  large  part  of  the  operations  of  the  last  three  years,  and  traveled  over 
large  areas  where  all  logs  were  picked  up  at  the  time  of  the  original  logging, 
I  feel  that  we  saw  nearly  all  of  the  waste. 

The  amount  of  fire  killed  hemlock  left  standing,  which  will  not  be  logged 
this  year  and   which   could   have  been  handled   at  an  advantage   from   the 
camps  previously  established,  would  not,  in  my  judgment,  exceed  250,000  feet. 
Respectfully, 

J.  P.  KINNEY, 
Supervisor  of  Forests. 
Hon.  E.  E.  AYER, 
Chicago,  111. 


EXHIBIT  11B. 

Copy  of  report  of  Mr.  J.  P.  Kinney,  Supervisor  of  Forests,  in 
the  employ  of  U.  S.  Government,  dated  December  5th,  1913. 

DECEMBER  5,  1913. 
Hon.  EDWARD  E.  AVER, 

Member  of  Board  of  Indian  Com'rs, 

Railway  Exchange,  Chicago. 
MY  DEAR  MR.  AYER  : 

I  submit  a  report  upon  my  examination  of  logging  conditions  on  the 
Menominee  Indian  Reservation  in  accordance  with  your  request  and  the 
instructions  of  the  Commissioner  of  Indian  Affairs. 

I  reached  Neopit  on  the  morning  of  Saturday,  November  29,  1913,  and 
after  being  introduced  to  you  by  Superintendent  Nicholson  left  immediately 
for  the  woods  on  a  logging  train.  The  party  with  which  I  spent  the  day  con 
sisted  of  the  following  persons : 

Mr.  Philip  Smith, 

Mr.L.  P.  Holland, 

Mr.  D.  F.  Tyrrell, 

Mr.  A.  S.  Nicholson,  Supt.  of  the  Reservation; 

Mr.  Ernest  J.  Brigham,  Supt.  of  Logging  on  the  Reservation ; 

Mr.  Lincoln  Crowell,  Deputy  Supervisor  of  Forests  on  the  Reservation ; 

Mr.  Louis  LaFrambois,  an  enrolled  Menominee  Indian; 

Mr.  Reginald  Oshkosh, 

Mr.  Simon  Beauprey, 

Mr.  Adolph    Amour, 

Mr.  Paul  Tebeau, 

Mr.  Thomas    Prickett, 

Mr.  Robert  Sanapaw, 


54 

Mr.  Mitchell  Waukaw,  " 

Mr.  Joseph   Longley, 

Mr.  Mitchell  Komanekin, 

Mr.  J.  P.  Kinney. 

The  logging  train  was  placed  at  the  disposal  of  the  Indians  in  order  that 
they  might  have  the  fullest  freedom  to  show  us  the  things  of  which  they 
had  complained.  Mr.  D.  F.  Tyrrell,  who  told  me  his  home  was  in  Gillette, 
Wisconsin,  and  that  he  practiced  law  there,  appeared  deeply  interested  in  the 
examination  of  the  works,  and  apparently  had  held  previous  conferences 
with  the  Indians  as  to  matters  complained  of.  He  said  he  had  been  upon 
the  Reservation  before  and  had  been  over  a  large  part  of  the  past  opera 
tions.  So  far  as  I  know  Mr.  Tyrrell  was  in  no  way  the  accredited  repre 
sentative  to  the  Indians  and  was  upon  the  Reservation  by  the  courtesy  of 
the  Superintendent;  but  as  he  manifested  such  interest  in  the  matters  which 
the  Indians  desired  to  bring  to  our  attention  the  greatest  deference  was 
shown  to  him  in  the  way  of  an  investigation  of  every  instance  of  misman 
agement  or  waste  which  he  himself  offered  to  show. 

The  logging  train  first  ran  into  a  spur  on  Section  17,  T.  29  N.  R.  14  E., 
half  way  to  Camp  12  from  Neopit.  Here  Louis  LaFrambois  and  Mr.  Tyrrell 
took  the  lead  in  criticism  of  the  manner  in  which  logging  was  being  con 
ducted,  and  as  to  the  deterioration  which  had  occurred  in  three  white  pine 
logs  that  had  been  cut  last  spring  or  summer  and  had  not  been  skidded 
until  recently.  These  logs  had  not  been  peeled  and  the  worms  had  worked 
in  them.  There  was  a  difference  of  opinion  as  to  the  amount  of  damage  that 
had  been  done.  I  asked  that  one  log  be  scaled  full  and  then  scaled  inside  of 
the  sap.  Its  full  scale  was  370  feet;  the  scale  inside  of  sap,  280  feet,  a  dif 
ference  of  90  feet.  Some  of  the  Indians  and  Mr.  Tyrrell  insisted  all  of  the 
sap  was  practically  worthless  as  compared  with  the  value  it  would  have  had 
if  it  had  not  summered  on  the  ground.  There  can  be  no  doubt  that  the  logs 
had  deteriorated  to  some  extent.  They  should  have  been  peeled.  The  expla 
nation  by  Mr.  Nicholson  that  they  knew  they  would  get  the  logs  this  winter 
was  not  satisfactory.  These  logs  were  within  two  miles  of  Neopit,  either 
the  trees  should  not  have  been  cut  or  else  such  supervision  should  have  been 
exercised  that  they  would  not  have  been  overlooked  and  allowed  to  lie 
through  the  Summer,  especially  with  the  bark  on. 

The  objection  to  the  manner  of  logging  was  that  logs  which  had  been 
decked  this  Autumn  a  short  distance  from  the  railroad  spur,  should  have 
been  left  on  the  ground  and  skidded  directly  to  the  track  when  hauling  began, 
or  skidded  to  the  track  and  decked,  there  at  first.  Mr.  LaFrambois  and  Mr. 
Tyrrell  declared  that  there  would  now  be  a  double  decking  expense  because 
the  logs  would  be  sleigh  hauled  to  the  track  and  decked  again.  The  distance 
to  the  nearest  deck  of  logs  was  found  by  Mr.  Crowell  to  be  75  paces,  or 
150  steps,  about  400  feet.  Obviously  this  was  a  very  short  sleigh  haul  if  the 
logs  were  to  be  again  decked. 

To  a  query  whether  he  intended  to  deck  these  logs  again  Mr.  Brigham 
replied :  "Certainly  not ;  we  shall  load  directly  to  the  cars  from  the  sleighs." 
When  pressed  as  to  what  objection  they  had  in  view  of  this,  Mr.  Tyrrell 
and  the  Indians  refused  to  accept  Brigham's  statement  and  said  it  had  been 
customary  on  the  Neopit  operation  to  do  the  duplicate  decking  of  which  they 
complained.  Although  Mr.  Nicholson  said  it  had  not  been  the  custom,  the 
Indians  insisted  it  had  and  I  asked  them  to  take  us  to  some  place  where 


55 

this  had  been  done.  They  eagerly  agreed  to  do  this,  dependence  being 
placed  upon  Samuel  LaFrambois  to  take  us  to  one  of  the  flagrant  errors 
in  this  line.  When  we  boarded  the  train,  Samuel  took  us  to  the  site  of  a 
large  landing  used  at  Camp  15  in  the  season  of  1912-13,  and  declared  this  to 
be  a  place  which  showed  the  condemned  practice.  This  was  in  the  NW/SW 
of  Section  10,  29,  14.  Careful  questioning  developed  the  fact  that  Samuel 
had  himself  skidded  at  this  old  landing  and  that  what  he  objected  to  was  the 
unnecessary  expense  which  had  been  incurred  through  skidding  the  logs  for 
a  long  distance  directly  to  the  track  instead  of  decking  them  where  found 
and  later  sleigh  hauling  to  the  track.  That  is,  this  landing  showed  exactly 
the  opposite  of  what  was  required  as  evidence  of  the  statements  made  by 
the  Indians  at  the  landing  first  visited. 

I  am  sure  every  man  present  realized  fully  when  we  left  this  place  that 
the  evidence  which  had  been  offered  disproved  the  previous  allegations.  I 
wish  to  make  it  clear  that  I  do  not  believe  Samuel  LaFrambois  had  any 
purpose  to  deceive.  He  had  simply  misunderstood  the  situation,  and  in  their 
eagerness  to  find  proof  of  their  statements  the  others  had  not  sufficiently 
inquired  into  that  which  he  expected  to  show.  Nothing  further  was  offered 
through  that  day  or  on  the  two  following  days  to  show  that  the  Indians  had 
suffered  any  loss  through  mistaken  judgment  on  the  part  of  the  present  or 
the  former  superintendent  of  logging,  or  any  camp  foreman  in  the  decking 
of  logs. 

The  Indians  took  us  to  a  stick  of  hewn  white  pine  timber  which  had  not 
been  taken  from  the  woods.  This  timber  had  been  hewn  under  the  Louis 
W.  Kemnitz  contract  for  ship  timber.  The  stump  measured  31  inches  in 
diameter.  The  stick  was  not  fully  squared  but  had  waney  corners.  The  butt 
end  measured  25  inches  from  face  to  face,  each  way,  and  31  inches  across 
from  each  waney  corner  to  the  diagonally  opposite  one.  The  stick  was  38 
feet  long  and  the  top  measured  23  5/2  inches  from  face  to  face  one  way,  24 
inches  the  other  way  and  26  inches  from  one  wane  corner  to  another.  It 
was  submitted  as  an  exhibit  of  the  great  loss  which  the  Indians  were  suf 
fering  through  the  wasteful  hewing  and  the  leaving  of  timber  by  Kemnitz. 
The  stick  bore  the  number  187  and  other  score  marks  which  Mr.  Crowell 
said  were  the  private  marks  of  Kemnitz.  Mr.  Crowell  said  the  stick  had 
been  scaled  and  Mr.  Nicholson  told  me  it  had  been  paid  for.  Since  you  left 
Neopit,  I  have  taken  great  pains  to  ascertain  whether  this  stick  was  actually 
scaled  and  paid  for.  I  am  forced  to  the  conclusion  that  Mr.  Nicholson  was 
mistaken.  I  find  that  Charles  Duquaine,  a  Menominee  Indian  who  was 
sealer  at  Camp  15  last  year  declined  to  scale  waney  board  pine  timber  on  the 
excuse  that  he  did  not  understand  how,  and  that  Thomas  Smith,  a  white 
man  who  was  sealer  at  Camp  14,  came  down  to  Camp  15  to  scale  the  pine 
timbers  as  they  were  loaded  out  by  Kemnitz.  Under  this  system  the  stick 
would  not  be  scaled  unless  Smith  went  to  the  woods  and  found  it,  and  as 
this  was  not  his  duty  there  is  little  reason  to  believe  that  it  was  scaled.  I 
had  Mr.  Smith  interviewed  and  he  said  he  did  not  remember  getting  the 
scale  of  any  stick  at  Camp  15  that  was  not  loaded  out. 

We  found  another  white  pine  tree  which  had  evidently  been  cut  by  Kem 
nitz  and  had  been  left  because  it  was  not  suitable  for  hewn  timber.  It  had 
been  peeled,  was  a  large  tree  and  Mr.  Prickett  said  he  had  previously  scaled 
it  and  found  it  to  be  38  feet  long  and  to  contain  1,430  board  feet.  I  should 
judge  these  figures  about  right. 


56 

At  Camp  15  on  the  NW/4  of  16-29-14  we  found  several  dry  pine  logs 
rolled  up  for  cutting  into  fire  wood,  which  contained  some  merchantable 
lumber.  This  was  bitterly  denounced.  We  were  all  agreed  that  some  fairly 
good  lumber  could  be  made  from  two  of  three  of  the  logs.  They  had  all 
come  from  one  tree.  Dan  Hurley,  the  foreman  of  this  camp,  said  he  had 
gone  some  distance  to  get  this,  dry  wood  being  uncommon  in  that  locality. 
There  were  certainly  extenuating  circumstances.  Mr.  Reginald  Oshkosh 
said  it  had  always  been  customary  to  use  pine  of  this  quality  or  better  at 
Indian  logging  camps.  A  certain  amount  of  dry  pine  is  necessary  for  build 
ing  fires  and  cooking.  I  believe  a  mistake  had  been  made  but  it  was  clearly 
not  a  matter  which  merited  the  prominence  given  it.  Mr.  Tyrrell  made  par 
ticular  objection  to  the  quality  of  hardwood  which  had  been  hauled  in  for 
wood.  His  remarks  were,  in  my  opinion,  unwarranted.  A  cook  cannot  be 
expected  to  use  wet  or  rotten  wood  when  preparing  meals  for  60  or  75  men 
three  times  a  day. 

On  the  NW/SE  of  Section  10,  29,  14  we  found  quite  a  number  of  pine 
logs  left  and  one  whole  pine  tree  which  had  not  been  cut  into  logs.  These 
had  been  peeled.  On  the  SW/SE  of  the  same  section  60  feet  had  been  taken 
from  a  pine  tree  for  square  timber.  Mr.  Tyrrell  objected  to  the  great  waste 
in  slabs.  As  these  pine  timbers  were  all  scaled  from  one  waney  corner  to 
another  and  in  16-foot  lengths,  through  allowance  for  rise,  and  payment 
was  received  for  the  full  log  scale  contents  of  every  stick  taken,  including 
the  material  removed  in  the  form  of  slab,  the  objection  was  entirely  without 
force. 

On  the  SE/SW  of  Section  10  hemlock,  hardwood  and  pine  logs  had  been 
left.  The  ground  was  low.  Dan  Hurley  said  that  the  logs  were  cut  late  last 
spring  and  that  an  unexpected  loss  of  snow  and  breaking  up  of  frost  pre 
vented  the  skidding  of  these  logs  in  the  spring.  Mr.  Crowell  said  he  per 
sonally  thought  this  to  be  the  case.  One  pine  tree  over  3  feet  at  the  butt 
and  measuring  83  feet  from  the  butt  to  the  broken  top  had  been  felled  by 
Kemnitz  and  left  unsawn.  No  waste  had  yet  resulted  and  it  can  be  gotten 
this  winter.  It  was  in  connection  with  the  discussion  of  the  advisability 
of  cutting  such  pine  as  this  that  Mr.  Tyrrell  declared  most  positively  that 
such  trees  were  growing  at  a  high  rate  and  that  they  were  increasing  rapidly 
in  value  each  year  through  growth  alone. 

He  expressed  the  opinion  that  such  a  tree  had  averaged  a  ring  of  growth 
Yz  inch  wide  each  year  throughout  its  life.  As  an  inspection  showed  35 
annual  rings  in  the  last  inch  of  growth  and  as  the  tree  was  undoubtedly 
more  than  225  years  old  and  probably  300,  the  misunderstanding  of  Mr. 
Tyrrell  and  the  Indians  as  to  the  loss  which  was  being  occasioned  through 
the  cutting  of  such  pine  was  fully  apparent.  On  the  NE/SE  of  10  and  the 
NW/SW  of  11  were  unpeeled  pine  logs.  From  one  pine  felled  by  Kemnitz 
only  24  feet  had  been  taken.  The  12-foot  butt  log  left  scaled  530  feet 
full,  and  440  feet  inside  of  sap.  The  merchantable  top  left  measured  34 
feet.  These  logs  will  be  gotten  this  winter,  but  I  entirely  agree  with  the 
Indians  they  should  not  have  been  left  over  summer  in  the  woods. 

I  have  made  diligent  inquiry  as  to  the  reason  why  these  logs  were  left. 
Mr.  Kemnitz  tells  me  that  he  was  not  advised  as  to  the  particular  sections, 
quarter  sections  or  forties  on  which  he  was  to  cut  pine  timbers,  but  was 
told  to  get  them  in  the  locality  of  the  general  logging  operations  and  to 
fell  any  pine  from  which  he  could  probably  obtain  hewn  timbers.  It  seems 


57 

to  me  it  was  the  clear  duty  of  the  management  to  designate  the  areas  from 
which  he  was  to  cut  and  that  the  superintendent  of  logging  should  have  kept 
such  check  on  the  hewn  timber  operations  as  to  have  been  able  to  pick  up 
practically  all  of  these  logs  last  season.  As  the  greater  part  of  the  logs 
and  trees  left  by  Kemnitz  because  of  unsuitability  for  waney  board  timbers 
have  been  peeled  and  practically  all  can  be  picked  up  this  winter  the  loss  of 
thousands  of  dollars  which  the  Indians  allege  is  not  apparent. 

However,  there  is  abundant  evidence  of  a  lack  of  care.  The  fault  is 
inexcusable.  In  my  opinion  the  blame  lies  primarily  upon  Mr.  Charles 
Woodcock,  the  former  superintendent  of  logging,  but  I  cannot  excuse 
Superintendent  Nicholson.  Certainly  the  relationships  of  Indians  and  Indian 
Service  employees  on  this  reservation  should  have  been  such  that  condi 
tions  of  this  sort,  known  to  many  persons,  should  not  have  been  permitted 
to  continue  unremedied. 

We  visited  the  area  cut  from  camp  11  which  was  located  in  NE/NW  of 
Section  31,  T.  30,  N.  R.  15  E.  This  camp  was  built  in  November,  1910,  after 
the  big  Evergreen  fire  and  was  used  two  years.  Here  we  observed  a  good 
white  pine  log  18  feet  long  right  beside  the  track,  and  only  a  short  haul  away, 
2  whole  trees  each  containing  more  than  60  lineal  feet  of  merchantable  length, 
14  large  white  pine  logs  and  1  squared  timber  40  feet  in  length  on  the 
SW/NE  of  36-30-14.  These  were  said  to  have  been  cut  the  spring  of 
1913  and  had  that  appearance.  They  were  not  peeled  and  it  will  now  be 
necessary  to  haul  them  to  camp  17,  about  one  mile  distant.  The  SW/4  of 
Section  31-30-15  was  logged  in  1911.  Some  logs  were  left  here  and  mer 
chantable  dead  pine  left  standing.  Some  of  the  dead  pine  which  was  here 
pointed  out  by  Mr.  Tyrrell  as  constituting  great  waste  had  evidently  been 
burned  after  an  old  logging  operation  and  had  been  dead  10  or  15  years.  In 
this  connection  it  seems  to  me  proper  to  observe  that  Mr.  Tyrrell's  position 
was  quite  inconsistent  in  that  he  magnified  greatly  the  loss  through  worm 
damage  to  green  pine  logs  which  had  lain  but  a  few  months  and  yet  main 
tained  that  the  language  of  a  mill  man,  who  had  told  him  that  any  pine 
board  which  would  hold  together  was  worth  sawing,  must  be  accepted 
literally.  Here  night  came  upon  us  and  we  took  the  train  to  Neopit. 

On  Sunday  morning  we  again  took  the  logging  train  to  the  woods.  One 
or  two  Indians  remained  at  Neopit  and  two  or  three  others  joined  us 
including  Thomas  LaBell  and  Mose  Kitson.  We  first  inspected  a  railroad 
fill  on  the  SW/NE  of  Section  10-29-14.  The  fill  was  13  feet  or  over,  and 
the  cut  at  each  side  of  the  fill  about  six  feet.  Merchantable  hemlock  and 
hardwood  logs  had  been  used  in  the  fill.  Mr.  Tyrrell  argued  that  unmer 
chantable  and  decayed  logs  which  could  be  obtained  in  that  locality,  should 
have  been  used  for  the  fill.  Mr.  Prickett  said  more  dirt  should  have  been 
used  and  declared  the  greater  part  of  the  dirt  from  the  cut  had  been  hauled 
away.  Yet  he  admitted  he  had  no  personal  knowledge  of  where  it  had 
been  taken  or  whether  any  actually  had  been  hauled  away.  His  statements 
in  this  matter  were  absolutely  worthless  as  evidence.  Any  one  at  all  fa 
miliar  with  logging  road  construction  would  appreciate  the  utter  folly  of 
Mr.  Tyrrell's  proposition  that  a  heavy  fill  of  this  character  on  a  main  line 
logging  road  where  a  50-ton  locomotive  was  used  should  be  built  largely 
of  unsound  logs  and  wood  trash. 

On  Section  31-30-15  near  quarter  corner  of  Section  30  and  31  we  found  a 
dozen  good  pine  logs  and  on  the  NE/NW  of  31  a  culvert  timber.  In  Section 
30,  near  the  line  of  Section  31,  were  a  dozen  white  pine  logs  lying  in  a 


58 

swamp  for  a  railroad  grade.  In  the  NE/NW  of  Section  1,  SW  of  camp  11 
(Walter  Quick,  foreman),  were  21  hemlock  logs  and  8  pine  logs  cut  in 
1910-11.  Between  camp  11  and  the  railroad  track,  300  feet  apart,  we  found 
10  good  quality  white  pine  logs. 

I  have  no  doubt  there  were  pine  logs  left  which  I  did  not  see  and  many 
hemlock  trees  were  left  standing  besides  the  logs  left.  Mose  Kitson  took 
us  to  a  log  and  dirt  railroad  bridge  and  fill  on  the  NW/4  of  Section  31-30-15. 
Kitson  said  4  men  (including  himself)  and  one  team  worked  two  days 
cutting  and  skidding  logs  for  this  fill.  Mr.  Peterson,  who  had  charge  of 
this  work,  said  about  12,000  feet  were  put  in  there;  only  one  pine  log.  I 
am  inclined  to  believe  the  fill  could  not  have  been  more  cheaply  made. 
Mr.  Tyrrell  declared  that  this  was  a  locality  which  he  had  particularly  in 
mind  in  his  statement,  that  thousands  of  dollars  worth  of  timber  had  been 
wasted. 

The  logging  railroad  grade  beyond  camp  11  as  constructed  in  1910,  fol 
lowed  a  small  creek  for  about  Y-2  mile  through  low  ground.  It  appears  that 
after  the  first  year's  logging  was  completed  a  cut-off  was  made  skirting  the 
slope  of  a  hill.  The  length  of  the  cut-off  was  not  over  l/2  of  a  mile.  On 
the  cut-off  it  was  necessary  to  remove  loose  dirt  and  stones  a  depth  of  3  ft. 
to  8  ft.  for  a  distance  of  550  or  600  feet.  The  average  depth  of  the  cut  was 
placed  at  4  feet.  John  Peterson,  assistant  superintendent  of  logging,  said  the 
cut-off  was  built  in  June,  1912,  to  bring  out  the  logs  from  camp  12B  located 
in  the  NE/SW  of  Section  20-30-15.  This  cut  was  shown  as  an  exhibit  of 
a  useless  expenditure  of  Indian  funds  in  the  relocation  of  a  railroad  grade. 

Mr.  Peterson  told  me  that  the  expense  of  upkeep  on  the  old  road  bed  was 
very  heavy  because  of  its  location  in  low  ground  and  its  many  curves,  that 
the  cut-off  was  built  so  as  to  get  a  good  roadbed  for  the  hauling  of  heavy 
trains  of  logs.  He  thought  the  expense  justified.  To  quite  an  extent  his 
explanation  was  plausible  in  view  of  the  condition  there.  The  cost  of  the 
cut  probably  was  not  very  heavy.  Supt.  Nicholson  remained  at  Neopit 
Sunday.  He  later  explained  that  this  cut-off  was  built  as  a  passing  track 
for  trains.  This  explanation  also  seemed  plausible. 

I  regret  to  say  that  the  conflicting  explanations  of  Mr.  Nicholson  and  Mr. 
Peterson  left  me  in  some  doubt  as  to  just  why  the  cut-off  was  made.  As 
a  test  to  Mr.  Peterson's  memory  and  as  a  check  against  his  having  failed  to 
remember  all  circumstances  while  talking  with  me  I  called  him  on  the 
'phone  later  and  requested  a  restatement  from  him  as  to  why  this  cut-off  was 
made.  He  gave  the  sole  reason  as  the  need  of  a  better  track,  saying  that 
only  5  or  6  cars  could  be  brought  over  the  swamp  location  and  that  they 
wished  to  bring  12  cars  direct  in,  past  this  point,  from  camp  12B.  He  said 
positively  and  repeatedly  that  the  rails  from  the  old  grade  were  placed  on 
the  cut-off.  I  am  convinced  Mr.  Nicholson  is  mistaken  as  to  the  "passing 
track"  proposition.  I  am  not  prepared  to  say  that  the  making  of  the  new 
grade  was  an  unnecessary  expense. 

The  logs  which  Torn  LaBell  cut  on  the  east  side  of  railroad  NW/SE  of 
Section  32-30-15  in  1912  were  hauled  to  a  landing  alongside  this  cut-off. 
LaBell  used  Camp  11.  He  said  the  rails  beyond  the  cut-off  and  on  the  old 
circuitous  grade  had  been  taken  up  before  that  time.  Mr.  Tyrrell  had 
pointed  out  hemlock  ties,  which  had  been  laid  as  a  travel  bed  for  horses  used 
on  a  jammer  in  loading  LaBell's  logs,  as  an  exhibition  of  waste.  Mr. 
Tyrrell's  statement  that  110  of  those  ties  were  all  salable  was  absurd.  There 
was  hardly  a  tie  among  them  that  would  have  met  standard  specifications 


59 

where  new  and  practically  all,  and  I  believe  all,  had  been  used  once  as  shown 
by  the  spike  holes.  LaBell  paid  $36.00  for  use  of  camp  11  and  $30  for  use 
of  sleighs  for  the  season  of  1912-13,  cut  500,000  feet,  hauled  about  2  miles, 
received  $6.00  per  M  and  cleared  $1.00  per  M.  These  were  his  own  state 
ments  to  me. 

In  the  SW/4  of  Section  32-30-15  attention  was  directed  to  cedar  cut  out 
of  the  logging  road  in  1910  and  left.  Mr.  Tyrrell  said  this  was  that  which 
he  had  referred  to  in  a  statement  he  had  filed.  Northwest  of  Camp  11  we 
found  a  second  cut  in  a  pine  left,  it  scaled  full  550  feet  and  380  feet  inside 
of  sap ;  at  lower  end  was  a  10-inch  defect  in  heart  and  at  top  6  inches. 
We  placed  it  at  average  of  8  inches.  The  tree  was  a  wind  fall,  and  the 
second  cut  very  knotty.  The  3d  log  was  crotched  but  contained  180  feet. 
Another  6-foot  cut  which  might  have  been  taken  scaled  220  feet  full,  but 
had  8  inches  center  rot.  There  were  also  two  small  logs  in  the  top,  but  the 
tree  had  been  dead  years  and  worms  were  in  it  long  ago.  It  was  only  20 
rods  from  railroad.  Farther  along  the  track  was  a  small  pile  of  cedar,  a 
pine  log  and  a  cedar  pole  30  or  40  feet  long,  close  to  track.  Away  a  few- 
rods  Mr.  Tyrrell  reported  he  found  30  foot  left  in  a  pine  from  which  the 
butt  cut  was  taken,  and  hemlock  logs  left.  This  was  about  40  rods  from 
railroad.  I  was  talking  with  Mr.  Prickett  when  he  made  this  examination. 
His  statement  that  he  would  make  a  record  of  any  refusal  on  my  part  to 
go  in  and  see  timber,  prompted  me  to  record  that  which  he  reported.  I 
accept  his  report  without  reservation. 

On  the  NE/4  of  36-30-14  was  a  white  pine  cut  and  left.  Hollow,  but 
log  12  feet  long.  Had  it  been  rolled  out  one  could  crawl  through  it,  but 
rim  was  sound  and  I  allowed  200  feet  scale ;  2d  log  480  feet ;  3d  log  480 ; 
top  piece  about  5  feet  long  allowed  140  feet.  Near  by  was  a  26-inch  Norway 
stump  only  a  12  or  14-ft.  log  taken;  rest  good.  On  NW/4  of  31  a  horse 
jammer  left.  I  noted  boom  stick  broken  in  half,  brace  to  this  broken  and 
one  runner  split ;  not  of  much  value.  A  16-foot  hemlock  near  sleigh  road 
cited  as  waste,  I  found  cut  from  a  dead  tree,  full  scale  270  feet,  actual 
sound  material  not  over  50 ;  haul  to  railroad  nearly  l/2  mile.  Noted  several 
hemlock  skids  left,  one  hemlock  log  scale  180  feet. 

On  Monday  the  engine  and  caboose  were  again  placed  at  our  disposal. 
Mr.  Holland,  Mr.  Smith  and  Mr.  Nicholson  did  not  go  with  us ;  practically 
all  of  the  Indians  who  went  Saturday  went  with  us  and  also  John  War- 
renton,  Alexander  Warrenton,  James  Boyd  and  others.  Mitchell  Waukaw 
was  not  with  us,  but  his  son  was.  This  trip  was  made  for  the  especial 
purpose  of  showing  me  waste  observed  late  Sunday  afternoon  during  the 
hour  when  I  was  not  with  the  main  party.  Much  was  made  of  the  loss 
in  a  heavy  fill  on  a  sleigh  road  in  the  NW/NE  of  Section  6-29-15.  This 
area  was  logged  from  Camp  12A  in  1910-11  under  John  Peterson,  then 
camp  foreman. 

The  greater  portion  of  logs  in  this  fill  were  said  to  be  large  white  pine 
of  good  quality.  When  brought  there  I  at  once  recognized  that  nearly 
all  of  the  logs  were  extremely  punky,  and  insisted  upon  a  critical  inspection 
of  every  one  of  them.  We  went  over  them  one  by  one  and  agreed  whether 
they  were  worth  taking  to  the  mill  or  not.  Objection  was  made  by  Mr. 
Tyrrell  as  to  the  losing  of  time.  However,  he  remained  and  examined  the 
logs  with  me  and  the  Indians,  particularly  with  James  Boyd,  whom  the 
Indians  had  evidently  taken  because  he  had  scaled  logs  on  the  mill  deck  at 
Neopit.  Boyd  used  the  scale  rule.  When  we  were  through,  of  the  "dozens" 


60 

of  "excellent"  logs  used  for  the  fill,  only  three  16-foot  logs  had  been  agreed 
to  be  worth  taking  to  the  mill.  In  the  second  fill  a  few  rods  beyond  we  found 
only  one  pine  log  that  we  agreed  should  have  been  milled  and  this  scaled 
only  80  feet  sound  material.  A  white  pine  beside  this  fill  and  in  a  bad  place 
to  get  scaled  440  feet  full  and  Boyd  allowed  280  feet.  Just  beyond  a  Nor 
way  beside  the  road  scaled  100  feet,  sound  material.  A  white  pine  50  feet 
from  road  scaled  210  feet.  A  broken  pine  on  side  hill  on  left  scaled  140 
feet  and  100  feet.  Another  top  scaled  40  ft.  An  old  fallen  tree  near  road 
would  certainly  scale  out  more  than  500  ft.  of  sound  material. 

Just  beyond,  2  Norway  skids  which  had  been  sawn  into  logs  had  been 
left.  They  scaled  60  ft.,  60  ft.,  70  ft.,  80  ft.,  260  ft.  and  110  ft.,  100  ft.,  80 
ft.,  60  ft.,  350  feet  respectively.  We  found  another  skid  of  4  logs,  12  inches 
at  top,  16  inches  at  butt,  and  then  4  more  Norway  skids  of  5  logs  each.  We 
then  came  to  a  bridge  over  a  ravine.  On  top  of  the  high  cribs  of  hemlock 
logs  had  been  used  two  Norway  stringers,  one  of  these  was  57  feet  long, 
the  other  84  feet.  I  believe  stiff,  sound  stringers  were  necessary  on  this 
bridge. 

Just  beyond  this  and  in  an  area  almost  directly  west  of  Camp  12A  and 
about  one-half  mile  from  it  we  found  pine  logs  left  in  the  elevated  drive 
ways  which  had  b?en  built  for  the  getting  of  logs  on  to  the  skids.  We 
scaled  pine  logs  in  the  1st  drive  as  follows:  240,  300,  80,  330,  160,  100,  100, 
240,  and  60,  that  is,  9  logs  with  total  scale  of  1,530  feet,  and  three  Norway 
scaling  60,  40  and  20,  or  a  total  of  120  feet.  In  another  skid  driveway  we 
scaled  as  follows :  white  pine  210,  40—250,  and  Norway  60,  100,  70,  120,  180, 
210,  180,  140 — 1,060  feet.  Beyond  this  point  there  were  left  in  a  ravine 
white  pine  100,  70,  40,  70,  60—340  feet,  and  Norway  180,  40,  180—400  feet. 
We  noted  one  other  pine  containing  210  feet.  These  logs  were  in  a  very 
rough  rocky  glacier  morain,  but  I  believe  the  leaving  of  them  absolutely 
inexcusable.  On  our  way  into  this  cutting  from  Camp  18  I  noted  12  hem 
lock  and  2  pine  skids  left,  the  latter  were  not  put  in  by  Peterson,  but  were 
the  remains  of  old  Indian  logging  and  were  70  feet  long. 

Both  in  going  to  this  pine  and  returning  we  passed  through  Paul  Tebeau's 
celebrated  cedar  cutting.  Hundreds  of  cedar  logs  were  left  here.  I  un 
derstand  that  Tebeau  was  given  a  contract  to  cut  out  the  cedar,  that  he 
cut  these  logs  in  1911-12  and  got  none  of  them  out,  that  he  then  asked  for 
another  contract  in  1912-13  and  that  the  management  would  not  permit  him 
to  go  in  again.  I  understand  that  the  operation  had  furnished  his  camp 
with  all  tools  and  supplies  in  order  to  give  him  an  opportunity.  He  failed 
to  get  the  cedar  which  he  cut  that --winter  out  to  the  railroad  grade.  The 
next  year  the  best  interests  of  the  operation  were  thought  to  demand  the 
pulling  up  of  the  steel  on  the  nearest  track,  the  cedar  was  left  and  the 
management  would  back  Tebeau  no  longer.  If  these  be  the  facts,  and  I 
have  heard  no  one  dispute  them,  whatever  loss  the  Menominee  Indians 
have  suffered  has  been  chiefly  due  to  the  default  of  one  of  the  tribe,  Paul 
Tebeau. 

I  believe  no  serious  loss  was  suffered  as  to  stumpage.  The  cedar  was  of 
only  fair  quality.  A  comparatively  small  proportion  of  it  would  have  gone 
as  poles  if  it  had  been  cut  green.  It  was  in  the  burned  district  of  1910. 
The  Northwestern  Cedarmen's  Association  Rules  will  not  admit  burned 
timber  for  cedar  poles  and  ties.  All  of  Tebeau's  cuttings  were  into  logs 
which  would  be  used  for  shingles.  I  find  from  the  annual  report  of  Neopit 


61 

operation  for  the  year  ending  September  30,  1912,  that  every  thousand  feet 
of  shingles  manufactured,  cost,  including  stumpage  $2.45  per  M,  that  -the 
shingles  sold  during  the  same  period  averaged  only  $1.71  per  M.  This 
shows  a  loss  of  substantially  $.75  per  M.  Thus  it  is  clear  that  whatever 
criticism  is  given  the  management  on  this  Tebeau  cedar  proposition  should 
be  for  letting  Mr.  Tebeau  undertake  to  cut  any  cedar,  rather  than  for  fail 
ing  to  permit  him  to  cut  more.  Until  shingles  manufactured  from  this 
material  can  be  sold  at  a  profit  the  best  interests  of  the  Menominee  Indians 
demand  that  the  dead  cedar  in  the  SE/SE  of  Section  31  and  SW/SW  of 
Section  32-30-15  and  the  NE/NE  of  Section  6  and  NW/NW  of  Section 
5-29-15  be  left  standing. 

I  have  recited  at  great  length  the  details  of  this  three  day  examination. 
I  fully  realize  that  the  reading  of  so  long  a  report  is  even  more  exhausting 
than  its  preparation,  but  the  allegations  of  mismanagement  at  Neopit  have 
been  so  persistently  and  vigorously  urged  that  I  have  felt  that  it  was  best, 
while  my  original  field  notes  were  available  and  my  memory  of  details  clear, 
to  set  down  in  very  complete  form  the  facts  as  they  were  represented  and 
as  "Wiey  were  actually  found.  I  have  made  frequent  reference  to  Mr.  D.  F. 
Tyrrell. 

As  I  understand  it,  Mr.  Tyrrell  was  in  no  sense  authorized  to  act  for  the 
Menominee  Indians,  either  as  a  tribe  or  as  individuals.  He  manifested  deep 
interest  in  their  affairs  and  told  me  the  services  which  he  had  tried  to  ren 
der  had  all  been  gratuitous.  He  is  an  earnest,  energetic  man.  In  the  three 
days  that  I  was  with  him  in  the  woods  I  became  convinced  that  his  theoreti 
cal  and  practical  knowledge  of  lumbering  was  quite  limited  and  the  standards 
which  he  had  applied  for  arriving  at  a  determination  of  gains  and  losses  in 
the  lumbering  business  were  not  sound. 

For  instance,  he  felt  a  great  loss  had  been  suffered  when  he  found  burned 
cedar  and  hemlock  left  standing  or  used  for  railroad  fills.  I  have  shown 
above  that  there  was  a  loss  suffered  on  every  thousand  feet  of  cedar  brought 
to  the  mill.  Let  us  discuss  hemlock.  I  find  from  the  Neopit  records  that 
the  average  cost  of  manufacturing  all  kinds  of  lumber  at  Neopit  from  July 
1,  1910,  to  September  30,  1911,  was  $10.53  without  stumpage  charge.  The 
average  price  received  for  hemlock  during  the  period  July  1  to  December 
31,  1910,  was  only  $11.19.  Thus  in  the  fall  of  1910  when  the  Evergreen  fire 
burned  millions  of  feet  of  hemlock,  there  was  no  expectancy  of  receiving 
for  stumpage  and  profit  more  than  $.66  per  M,  even  on  green  hemlock. 

However,  during  that  period  8,000,000  feet  of  hemlock  were  cut  in  the 
face  of  these  conditions.  During  the  year  October  1,  1911,  to  September  30, 
1912,  the  Menominee  Mills  cut  22,000,000  feet  of  hemlock.  The  average 
price  received  for  hemlock  during  this  period  was  only  $11.28  per  M.  If 
we  subtract  from  this  $9.72,  the  average  cost  of  manufacturing  all  species 
during  that  period  we  have  left  only  $1.56  for  stumpage  and  profit.  Clearly 
no  great  loss  was  suffered  through  the  leaving  of  burned  hemlock  in  the 
woods.  I  know  that  other  manufacturers  of  hemlock  in  Wisconsin  claimed 
during  that  period  that  they  could  not  afford  to  pay  more  than  $1.00  per  M 
for  hemlock  stumpage. 

I  should  speak  of  two  more  matters  brought  to  my  attention  on  these 
three  days.  We  found  a  second  squared  pine  timber  left  in  the  woods. 
This  was  south  of  Camp  14.  It  had  been  sawn  into  logs  and  skidded.  Mr. 
Crowell  told  me  that  he  examined  it  before  skidding  and  found  one  end 


62 

marked  U.  S.  with  a  hammer.  This  indicated  that  it  had  been  scaled  and 
paid  for  by  Mr.  Kemnitz.  We  found  a  watering  trough  at  Camp  17  dug 
out  from  a  pine  log.  Mr.  Peterson  told  me  it  was  made  at  Camp  12  and 
had  now  been  in  use  three  years.  A  trough  could  have  been  made  more 
cheaply  from  plank,  but  the  loss  has  been  greatly  exaggerated. 

On  Monday  evening  I  was  asked  if  I  would  go  up  near  Askenet  the  next 
day  to  examine  the  Kemnitz  cuttings  in  Rock  Elm.  I  had  reports  which 
must  be  done  and  told  the  Indians  to  send  two  or  three  of  their  number  up 
there  to  measure  some  logs  and  waste,  to  measure  the  area  covered  and  to 
report  to  me  what  they  found. 

Simon  Beauprey  and  Joseph  Longley  went.  They  reported  in  the  late 
afternoon  that  they  visited  Section  5,  T  29  N.,  R  14  E.,  that  they  scaled  a 
waste  of  6,270  feet  of  timber  fit  for  saw  timber  on  an  area  which  they  esti 
mated  to  be  10  acres.  They  had  not  paced  or  measured  the  area.  This 
waste  was  found  in  19  elm  tops,  2  whole  elms  fallen  and  left,  and  one  elm 
which  had  been  notched  and  left  and  later  felled  by  the  wind.  They  also 
found  2  maples,  1  birch  and  1  basswood  fallen  and  left.  This  cutting  was 
done  in  the  spring  of  1913  when  Simon  Beauprey  was  the  forest  guard  in 
charge  of  the  scaling  of  rock  elm. 

Mr.  Nicholson,  Mr.  Crowell,  and  Mr.  Kemnitz  tell  me  that  every  elm  tree 
which  Kemnitz  fells  he  is  expected  to  pay  for.  If  he  hews  an  elm  and  does 
not  take  it  he  pays  for  it  at  the  rate  which  he  pays  for  square  timber,  which 
he  actually  ships,  and  if  by  mistake  he  fells  an  elm  which  proves  to  be  so 
defective  that  he  does  not  hew  he  pays  the  regular  stumpage  rate  of  $5.00 
at  which  the  Neopit  operation  charges  itself.  He  also  pays  the  regular 
stumpage  rates  on  every  tree  of  any  other  species  that  he  fells  or  breaks 
down. 

If  anything  has  been  lost  to  the  Indians  through  lack  of  proper  scaling  the 
fault  lies  primarily  with  Simon  Beauprey,  a  Menominee  Indian,  whom  the 
management  entrusted  with  the  duty  of  scaling  all  of  this  timber. 

I  have  confined  my  remarks  to  the  woods'  end  of  this  proposition  as  much 
as  possible.  I  am  entirely  satisfied  that  the  Menominee  Indians  have  re 
ceived  far  higher  stumpage  rates  through  the  sale  of  their  rock  elm  and 
white  pine  for  hewn  timbers  than  they  possibly  could  have  received  if  the 
trees  had  been  cut  into  logs  and  brought  to  the  Mill  or  had  been  cut  into 
logs  and  sold  for  saw  mill  purposes  at  private  sale,  auction  or  sealed  bids,  to 
mills  outside  the  reservation.  I  have  gone  into  this  matter  very  thoroughly 
with  the  employees  here  and  especially  with  Mr.  Crowell.  I  have  checked 
over  carefully  with  him  the  comparative  figures  which  he  has  prepared. 
There  is  now  on  file  at  the  Neopit  office  sufficient  data  and  comparisons  to 
explode  completely  every  allegation  that  has  been  made  to  the  effect  that 
the  white  pine  and  rock  elm  which  have  been  sold  as  squared  timbers  at 
Neopit  could  have  been  more  profitably  utilized  in  another  form. 

I  have  already  expressed  in  plain  terms  my  opinion  of  the  amount  of  pine 
timber  which  has  been  left  in  the  woods  at  Neopit  in  the  last  three  years, 
especially  in  1910-11,  and  of  the  loose  and  unbusiness  like  manner  in  which 
pine  timbers  have  been  cut  in  the  past  year  with  the  result  that  many  logs 
of  the  highest  value  have  been  exposed  to  worms  during  the  summer. 

Respectfully, 

J.  P.  KINNEY, 
Supervisor  of  Forests. 


63 

Mr.  J.  P.  Kinney's  affidavit: 

J.  P.  Kinney,  Supervisor  of  Forests  in  the  United  States  Indian  Service, 
being  duly  sworn,  deposes  and  says  that  under  dates  of  December  5,  1913, 
December  10,  1913,  and  December  16,  1913,  he  addressed  letters  to  Mr.  E.  E. 
Ayer,  of  Chicago,  Illinois,  a  member  of  the  Board  of  Indian  Commissioners, 
regarding  conditions  at  the  Neopit  lumbering  operation  on  the  Menominee 
Indian  Reservation,  Wisconsin,  and  he  further  says  that  each  and  every  state 
ment  of  fact  in  the  said  letters  was  the  truth  to  the  best  of  his  knowledge 
and  belief  and  that  each  of  the  expressions  of  opinion  therein  stated  repre 
sented  his  honest  and  true  conviction. 

J.  P.  KINNEY. 

DISTRICT  OF  COLUMBIA,^.?: 
City  of  Washington.^ 

Subscribed  and  sworn  to  before  me  at  Washington,  D.  C.,  this  thirteenth 
day  of  January,  1914. 

HELEN  V.  BRIDGE, 

[SEAL]  Notary  Public. 

My  commission  expires  Aug.  9,  1915. 


EXHIBIT  12. 

Statement  of  Earnest  J.  Brigham,  Superintendent  of  Logging, 
Menominee  Indian  Reservation,  Neopit,  Wisconsin,  dated  De 
cember  16,  1913. 

From  the  foregoing  statement  of  pick-up  scale  the  following  statement 
shows  this  year's  intended  disposition : 

— SE.  SE.  Sec.  8,  T.  29  N.,  R.  14  E.— 

2,540  ft.  white  pine  left  from  waney  board  cuttings  now  decked  in 

rollways  ready  for  hauling  from  Camp  15's  present  opera 
tion. 

— SE.  NE.  Sec.  17,  T.  29  N.,  R.  14  E.— 

9,420  ft.  white  pine  to  which  roads  are  now  cut  and  skidways  built 

ready  for  skidding  during  present  year's  operation  as  soon 
as  the  soft  ground  on  which  they  lie  is  sufficiently  frozen 
to  allow  team  work. 

— NE.  NE.  Sec.  17,  T.  29  N.,  R.  14  E.— 
4,070  ft.  white  pine  ready  for  skidding  as  above. 

— NW.  NW.  Sec.  16,  T.  29  N.,  R.  14  E.— 


64 

3,910    ft.  white    pine    on    so-called    State    School    land    at   present    in 
litigation,  which  we  are  forbidden  to  move. 

— NE.  SW.  Sec.  10,  T.  29  N.,  R.  14  E.— 

9,910  ft.  white  pine  in  present  year's  Camp  15  operation  to  which 

roads  are  built,  skidways  and  landing  left  from  last  year's 
operation  for  that  purpose. 

3,480  ft.  hemlock  scaled  and  planned  to  take  out  as  above,  Camp  15 

operations. 

— SE.  SW.  Sec.  10,  T.  29  N.,  R.  14  E.— 

23,150  ft.  white   pine   adjoining   above   description   and   to   be   logged 

with  it. 

— SW.  SE.  Sec.  10,  T.  29  N.,  R.  14  E.— 

4,880  ft.  white   pine   adjoining   above   description   and   to   be   logged 

with  it. 

— NE.  NE.  Sec.  6,  T.  29  N.,  R.  15  E.— 

2,180    ft.  white  pine  and  Norway  left  in  1911  and  1912  operation  not 
accessible  to  this  year's  work. 

— NW.  NE.  Sec.  6,  T.  29  N.,  R.  15  E  — 

7,590    ft.  fire  killed  white  pine  and  Norway  skids,  logs,  bridging,  etc., 
left  1911-12.     Not  accessible  this  year's  work. 

— SW.  NE.  Sec.  31,  T.  30  N.,  R.  15  E.— 

6,870    ft.  fire  killed  white  pine  and  Norway  skids,  bridging  and  logs 
left  season  1911-12.     Not  accessible  in  this  year's  operation. 

— NW.  NE.  Sec.  31,  T.  30  N.,  R.  15  E.— 

770  ft.  pine  logs  left  in  swamp  near  Camp  11,  season  1911-12.  May 
possibly  be  skidded  out  this  winter,  but  there  is  no  frost  in 
the  swamp  sufficient  to  hold  team  this  date,  Dec.  16,  1913, 
making  it  problematical. 

— SW.  SE.  Sec.  30,  T.  30  N.,  R.  15  E.— 
1,710    ft.  pine  and  tamarack,  same  condition  as  above. 
— NE.  NW.  Sec.  31,  T.  30  N.,  R.  15  E.— 

3,730    ft.  pine  and 

3,220   ft.  hemlock,  same  condition  as  above. 


65 


—  NE^  Sec.  36,  T.  30  N.,  R.  14  E.— 

2,960  ft.  white  pine  decked  in  Camp  17  rollways  ready  for  present 

season's  hauling. 
1,110  ft.  pine  to  be  drayed  into  above  job. 

660    ft.  pine  not  accessible  to  this  season's  logging. 
2,610    ft.  hemlock  not  accessible  to  present  season's  logging. 


33,250  ft.  not  accessible  or  probability  of  logging  at  least  doubtful. 
61,520  ft.  accessible  to  present  year's  operation. 

Very  respectfully, 

(Signed)     ERNEST  J.  BRIGHAM, 

Supt.  of  Logging. 
Dec.  16,  1913. 

I  hereby  certify  that  the  foregoing  descriptions,  log  scale,  memoranda  and 
data  as  shown  hereon  are  true  and  correct  to  the  best  of  my  knowledge  and 
belief. 

That  I  believe  that  I  have  covered  all  the  ground,  viewed  and  scaled  all 
merchantable  logs  under  discussion,  and  to  which  attention  was  called  No 
vember  29,  30  and  December  1,  1913,  during  investigation  upon  complaint  of 
Menominee  Indian  Committee,  and  all  such  other  logs  found  by  me,  not  seen 
or  mentioned  by  that  committee  in  the  several  localities  visited. 

That  such  scale  was  well  and  truly  made  by  means  of  a  Scribner  Decimal 
C  Log  Rule  and  Calipers  used  where  rule  could  not  be  applied. 

That  I  did  not  include  cedar  logs  and  poles  cut  by  Paul  Tebeau  at  and 
about  the  corner  of  Sections  31  32  T.  30  N.  R.  15  E. 

6      5    T.  29  N.  R.  15  E.  lying  in  swamp  con 
taining  from  2,000  to  4,000  pieces. 

That  I  did  not  include  certain  hemlock  logs  obviously  left  for  present 
season's  logging  on  the  southwest  *4  of  Section  10,  T.  29  N.,  R.  14  E.,  which 
I  estimate  to  be  in  the  neighborhood  of  20,000  feet. 

That  the  total  scale  of  logs  herewith  included  as  shown  in  the  foregoing 
report  equals  94,770  feet  log  scale. 

(Signed)     ERNEST   J.    BRIGHAM, 

Superintendent  of  Logging. 
(Signed)     LINCOLN  CROWELL, 

Deputy  Super-visor  of  Forests. 

STATE  OF  WISCONSIN, 
County  of  Shawano. 

On  this  16th  day  of  December,  A.  D.  1913,  personally  appeared  before  me, 
a  Notary  Public,  Ernest  J.  Brigham  and  Lincoln  Crowell,  who  being  duly 
sworn,  acknowledged  that  they  executed  the  foregoing  instrument  to  be  their 
free  act  and  deed. 

H.  C.  D.  ASHPORD, 

[SEAI,]  Notary  Public. 

My  commission  expires  June  20,  1915. 


66 
EXHIBIT  12A. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Earnest 
J.  Brigham,  Superintendent  of  Logging,  and  Mr.  Lincoln  Crow- 
ell,  Deputy  Supervisor  of  Forests,  at  Menominee  Indian  Reser 
vation,  Neopit,  Wisconsin,  December  16,  1913. 

Mr.  Ayer : 

Q.  You  were  with  Mr.  Holland  and  Mr.  Smith  and  Mr.  Kinney  two  days 
that  they  were  in  the  woods,  and  with  Mr.  Kinney  the  one  following  day 
when  Mr.  Tyrrell  was  pointing  out  the  timber  to  substantiate  his  letter  and 
his  charges  about  logging  in  these  woods? 

Mr.  Brigham : 
A.  I  was. 

Mr.  Ayer : 

Q.  Do  you  think  Mr.  Tyrrell  had  any  practical  knowledge  of  conditions  in 
logging  or  any  knowledge  of  the  qualities  of  timbers  during  the  days  that 
you  were  with  him? 

Mr.  Brigham: 

A.  I  would  say  he  had  some  knowledge,  but  the  major  part  of  his  ques 
tions  and  statements  would  indicate  to  me  that  he  is  not  a  practical  logger 
and  that  his  estimates  on  the  conditions  of  timber  left  on  the  ground  and 
standing  burned  timber  were  very  erroneous. 

Mr.  Ayer : 
Q.  Mr.  Crowell,  you  were  of  the  same  party:  is  that  your  opinion  also? 

Mr.  Crowell: 
A.  Yes,  sir. 

Mr.  Ayer: 

Q.  Did  he  strike  you  as  being  a  man  who  wanted  to  be  entirely  fair  and 
get  at  the  true  state  of  affairs,  or  not? 

Mr.  Brigham : 
A.  He  did  not. 

Mr.  Ayer : 

Q.  The  same  with  you,  Mr.  Crowell? 

Mr.  Crowell : 
A.  Yes,  sir. 

Mr.  Ayer : 

Q.  Did  it  seem  to  you  that  he  felt  bound  to  make  out  a  case,  bound  to 
substantiate  his  charges,  whether  they  would  be  right  or  wrong  upon 
investigation  ? 

Mr.  Brigham : 
A.  It  certainly  did. 

Mr.  Ayer: 
Q.  Mr.  Crowell? 


67 

Mr.  Crowell: 

A.  Yes,  sir.     It  would  seem  he  talked  more  for  the  effect  that  his  speech 
would  have  on  the  Indians  accompanying  us  than  any  effect  on  us. 

Mr.  Ayer : 

Q.  Is  that  your  opinion,  too,  Br.  Brigham? 

Mr.  Brigham : 
A.  Yes,  sir. 

Mr.  Ayer : 

Q.  The  territory  over  which  these  logs  were  scaled  covered  all  the  terri 
tory  visited  by  you  while  accompanied  by  Mr.  Tyrrell  and  the  Indians  ? 

Mr.  Brigham : 
A.  It  did. 

Mr.  Ayer : 
Q.  How  much  more? 

Mr.  Brigham  : 
A.  Twenty-five  per  cent  more.    At  least  25%  more. 

Mr.  Ayer : 

Q.  And  that  is  your  judgment,  Mr.  Crowell? 

Mr.  Crowell: 
A.  Yes,  sir. 

Mr.  Ayer : 

Q.  I  see  that  in  your  summary  you  say  that  sixty-one  thousand  feet  out 
of  the  ninety-four  thousand   feet  is   accessible  to  present  year's  operation. 
About  what  percentage  of  the  thirty-three  thousand  feet  can  there  be  got  to 
the  mill  with  a  reasonable  profit? 
Mr.  Brigham : 

A.  About  thirty  per  cent. 
Mr.  Ayer : 

Q.  That  is  your  judgment,  Mr.  Crowell? 
Mr.  Brigham : 

A.  Yes,  sir. 


EXHIBIT  13. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Peter 
Lookaround,  storekeeper,  at  Menominee  Indian  Reservation, 
Neopit,  Wisconsin,  November  29th,  1913. 

Mr.  Lookaround  is  a  graduate  of  Haskell  University,  and  one  of  the  two 
leading  merchants  of  Neopit. 

Mr.  Ayer : 
Q.  Are  you  satisfied  with  the  conditions  around  here? 


68 


Lookaround : 

A.  Yes,  sir. 

Q.  You  think  these  are  honest  people  who  have  charge  here  and  that  they 
are  making  an  honest  effort  to  do  the  best  they  possibly  can? 

A.  Yes,  under  the  conditions.  I  think  Mr.  Nicholson  is  about  the  best  we 
ever  had. 

Q.  You  think  this  man,  Mr.  Nicholson,  does  what  he  can  to  employ  all 
the  Indians  he  can? 

A.  Yes,  sir. 

Q.  Have  you  had  any  experience  in  other  lumber  yards  or  lumber  schemes 
besides  this  one  here? 

A.  Well  I  used  to  work  a  little  in  the  woods. 

Q.  But  not  in  the  manufacturing  of  lumber? 

A.  No. 

Q.  Do  you  think  that  they  are  succeeding  in  doing  the  logging  in  the 
woods  properly? 

A.  I  think  they  are:  of  course  it  costs  more  money  now. 

Q.  Of  course,  but  that  will  be  best  in  the  long  run,  and  aren't  you  in  har 
mony  with  this  method  of  doing  it?  You  know  if  it  succeeds  it  will  be  a 
great  benefit  to  the  Indians  in  the  long  run  ? 

A.  In  the  long  run,  yes. 

Mr.  Ayer: 

Q.  There  seems  to  be  a  body  of  Indians  in  your  reservation  that  are  very 
much  dissatisfied  with  the  way  things  are  being  done. 
Lookaround : 

A.  Well,  these  are  always  the  same  ones  that  are  dissatisfied — no  matter 
who  we  had  for  our  Agent,  and  there  seems  to  be  a  half-breed  at  the  head 
of  this  who  is  making  complaints  and  he  is  telling  them,  you  know,  that 
they  ought  to  have  their  money  and  that  these  people  here  of  the  Forest 
Department  are  squandering  the  money,  and  so  the  people  are  beginning  to 
think  the  same  way. 

Q.  But  You  are  satisfied  that  the  Department  is  doing  the  best  it  can? 

A.  Yes. 

Q.  You  are  satisfied  that  since  Mr.  Nicholson  came  here  there  has  been  a 
large  improvement  in  the  conditions  of  the  mill  and  the  prosperity  of  the 
tribe  ? 

Lookaround : 

A.  Yes.  A  man  here  must  have  "executive  ability,  he  must  settle  family 
matters  and  deal  with  the  liquor  question,  and  I  think  Mr.  Nicholson  has 
done  well. 

Mr.  Ayer : 

Q.  And  you,  and  the  class  of  Indians  that  you  represent,  feel  that  the 
Agency  has  been  well  managed,  as  well  as  the  mill  ? 

A.  Yes 

Q.  Now,  then,  what  percentage  of  the  1,700  Indians  on  this  reservation 
feel  as  you  do? 

A.  I  could  not  say. 

Q.  Well,  is  this  feeling  that  has  been  worked  up  pretty  widespread? 

A.  Yes;  of  course  when  they  feel  they  can't  get  any  money  they  are  all 


69 
« 

against  the  Agent;  they  feel  that  if  they  can't  get  any  money  it  is  being 
spent  here.  You  can't  tell  them  that  this  mill  is  making  money  because 
they  won't  believe  it  They  will  say,  "We  don't  get  anything." 

Q.  Is  there  a  special  committee  organized  here  of  five  or  six  men  who  are 
trying  to  oppose  the  running  of  the  mill? 

A.  I  think  so. 

Q.  Do  you  think  this  "opposition"  would  be  glad  to  have  the  mill  closed 
up  and  the  logs  sold? 

A.  Yes. 

Q.  Aren't  you  perfectly  satisfied  that  if  these  logs  were  put  on  the  market 
as  they  used  to  be  you  would  fall  into  the  same  difficulties  in  getting  low 
prices  that  you  did  before? 

A.  In  the  old  way  the  Indians  used  to  get  work  for  only  3  or  4  months  in 
the  winter,  but  now  if  the  Indian  wants  to  work  he  can  go  to  work  any 
time  the  whole  year  round.  You  will  find  records  in  the  office  that  a  few 
Indians  have  worked  every  month  in  the  year. 

Mr.  Ayer  : 

Q.  What  is  it  that  the  Indians  are  trying  to  do  by  employing  attorneys. 
What  is  the  necessity? 

Lookaround : 

A.  Well  it's  this  same  thing — about  getting  their  money. 

Q.  Are  they  trying  to  force  the  Government  to  pay  back  some  money  or 
to  get  the  money  out  of  the  Government's  hands?  Does  a  large  proportion 
of  the  Indians  think  the  Government  ought  to  pay  back  the  money  lost  in 
the  "down"  lumber? 

A.  No. 

Mr.  Ayer : 

Q.  But  the  "opposition"  does  want  the  Government  to  surrender  the 
million  or  two  and  divide  it  up  amongst  the  members  of  the  tribe? 

Lookaround : 

A.  Yes,  and  these  "blow  downs"  are  telling  the  Indians  the  Government 
held  back  some  of  the  money  and  they  are  going  around  and  saying  to  these 
Indians,  "We  want  to  employ  an  attorney  for  the  benefit  of  both  of  us," 
telling  the  Indians  they  should  have  the  same  attorney  as  the  white  man. 

Mr.  Ayer : 

Q.  Do  many  white  men  come  on  the  place  and  agitate  them  and  find  fault 
with  the  mill  ?  Are  the  white  people  around  the  reservation  and  those  people 
all  the  time  trying  to  make  trouble  and  do  away  with  the  mill? 

A.  Yes. 

Q.  What  is  it  your  impression  that  the  effect  would  be  if  they  succeeded 
in  stopping  the  mill  and  having  a  change  in  administration?  Would  it  be 
injurious? 

A.  I  think  it  would,  because  we  have  so  much  money  invested. 

Q.  Do  you  think  that  you  can  preserve  the  timber  for  the  next  fifty  years 
that  will  come  off  this  reservation  better  by  having  a  mill  than  without  one? 

A.  Yes,  sir. 


70 
EXHIBIT  13A. 

Questions  answered  by  Mr.  Peter  Lookaround.  Submitted, 
and  answered,  in  writing,  and  sent  to  Mr.  Ayer  at  Chicago. 

Q.  What  promises  or  what  talk  has  been  spread  amongst  the  Indians  by 
Mr.  Tyrrell  and  those  associated  with  him  as  to  what  they  could  do  for  the 
Indian? 

A.  There  would  be  a  change  of  superintendent  in  Neopit,  Wis. 

Q.  Do  you  understand  that  the  contractors  from  whom  the  Government 
deducted  certain  moneys  on  "Blown  Down"  should  have  their  claims  paid? 

A.  Yes. 

Q.  Do  they  say  the  Government  is  to  pay  these  or  is  it  to  be  paid  out  of 
tribal  funds? 

A.  Do  not  know. 

,    Q.  Do  you  understand  from  talk  generally  circulated  by  them  that  a  million 
dollars  of  Indian  money  has  been  wasted? 

A.  Over  a  million  dollars. 

Q.  Do  they  claim  to  be  able  to  secure  payment  to  the  tribe  of  certain 
claims  known  as  the  Stockbridge  two-mile  strip  claim  ? 

A.  Do  not  know. 

Q.  Do  they  claim  to  be  able  to  secure  to  the  tribe  Section  16  and  swamp 
lands  now  claimed  by  State  and  which  question  is  now  before  Supreme 
Court? 

A.  No. 

Q.  Do  they  claim  to  be  able  to  secure  annuity  payments  to  the  tribe? 

A.  Yes.    $50.00  a  head;  if  not,  $30.00  a  head. 

Q.  What  promises  in  general  do  you  gather  have  been  made  by  Mr. 
Tyrrell  or  any  of  his  associates  that  tend  to  curry  favor  with  the  Indian, 
either  for  or  against  anyone,  or  on  behalf  of  any  one? 

A.  Do  not  know. 

Q.  What  do  you  gather  is  meant  by  various  statements  or  gossip  circu 
lated  that  money  is  being  wasted  on  the  Neopit  operation? 

A.  Waste  of  timber  mostly.  Too  much  cull  lumber.  Too  many  high- 
salaried  employees. 

(Signed)     PETER   LOOKAROUND. 


EXHIBIT  14. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  C.  A. 
Tourtillott,  storekeeper,  at  Menominee  Indian  Reservation,  Neopit, 
Wisconsin,  November  29th,  1913. 

Mr.  Ayer : 
Q.  Are  you  a  full-blooded  Indian? 

Turtelet : 
A.  No. 

Q.  You  have  known  this  agent,  Mr.  Nicholson,  since  he  has  been  here? 
A.  Yes,  sir. 


71 

Q.  Do  you  think  he  has  made  an  effort  to  be  fair  and  square  in  his  dealings 
with  the  Indians? 

A.  Yes,  as  far  as  I  know,  he  has. 

Q.  Now  there  seems  to  be  a  feeling  amongst  some  of  the  tribe  that  the 
mill  ought  to  be  abolished.  They  don't  think  it  is  making  money — although 
the  reports  show  it  has  been  making  money.  Do  you  think  it  would  be 
better  to  sell  your  logs  than  it  would  to  saw  them? 

A.  Well,  of  course  we  were  laying  up  money  right  along  then. 

Q.  Do  you  think  these  people  are  using  economy  in  sawing  the  timber  and 
disposing  of  it? 

A.  Well,  I  think  in  disposing  of  it  they  are,  but  of  course  there  is  lots  of 
timber  that  has  been  sawed  here  that  doesn't  amount  to  much.  There  have 
been  miscuts  and  a  lot  of  it  spoiled  by  the  saw. 

Mr.  Ayer : 

Q.  Are  you  familiar  with  the  ordinary  percentage  of  miscuts  in  the  mills 
in  Wisconsin,  or  only  this  one? 

M 

Turtelet : 

A.  Yes,  only  this  one. 

Q.  Do  you  think  that  for  the  last  three  years  the  logs  have  been  properly 
taken  care  of? 

A.  I  haven't  been  in  the  woods  and  don't  know. 

Q.  There  seem  to  be  some  Indians  here  who  are  very  much  dissatisfied 
with  the  administration  as  carried  on  here;  they  are  against  the  mill  and 
against  the  Agent  and  his  work.  What  percentage  of  this  tribe  feel  that 
way,  do  you  think,  about  him  ? 

A.  I  don't  think  the  percentage  is  very  big. 

Q.  About  5  per  cent,  say? 

A.  I  don't  think  that  much. 

Q.  Is  that  percentage  who  are  usually  against  the  agent  here  the  indus 
trious  hard-working  Indians? 

A.  No,  they  are  not. 

Q.  Are  they  amongst  the  class  who  try  to  get  an  easy  living  and  are  not 
usually  found  on  the  pay  roll  of  the  mill? 

A.  Not  very  much.  (Meaning  they  are  not  found  very  much  on  the  pay 
roll  of  the  mill.) 

Mr.  Ayer : 

Q.  Do  you  think  that  these  men  who  are  finding  fault  and  are  not  the 
working  men  of  the  tribe  could  manage  this  affair  better  than  the  agency 
is  managing  it? 

Turtelet : 

A.  No,  I  don't  think  so. 

Q.  And  you  would  not  be  satisfied  to  have  the  management  of  the  mill 
in  the  tribe? 

A.  This  man  who  is  here  seems  to  be  a  pretty  good,  straight  sort  of  a 
fellow,  and  I  think  he  could  do  as  well  as  anybody  else  would. 

Q.  You  think  this  man  employs  all  the  Indians  that  he  has  a  place  for? 

A.  Yes,  I  think  any  Indian  that  wants  work  he  can  find  a  place  for. 


72 
EXHIBIT  15. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Joe  Gristo, 
policeman,  at  Menominee  Indian  Reservation,  Neopit,  Wiscon 
sin,  November  29th,  1913. 


Mr.  Ayer: 

Q.  You  are  a  policeman  here,  are  you  not? 
Gristo : 

A.  Yes,  sir. 

Q.  Are  you  a  Menominee  Indian? 

A.  Yes. 

Q.  How  long  have  you  been  here,  Mr.  Gristo? 

A.  I  have  been  here,  I  think  it  is  eight  years. 

Q.  Are  you  familiar  with  the  lumber  yards  and  the  logging,  and  every 
thing  pertaining  to  the  carrying  on  of  the  Menominee  Indian  Reservation? 

A.  No. 

Q.  Are  you  familiar  with  the  lumber  yards  down  in  Oconto,  or  anywhere 
else? 

A.  Well,  I  was  raised  in  Marinette,  but  of  course  I  never  worked  in  the 
mills. 

Q.  Then  you  are  not  familiar  with  the  way  the  lumber  yards  are  kept 
at  Marinette  and  Menominee? 

A.  Yes,  I  have  been  in  there. 

Q.  Well,  how  do  you  think  this  compares  with  them? 

A.  Well,  I  have  never  seen  anything  lying  around  in  other  yards.  It  is 
generally  picked  up.  Of  course  here  there  is  a  good  deal  lying  around,  as 
anyone  can  see  for  himself.  Of  course,  though,  they  clean  it  up  every  once 
in  a  while. 

Q.  Do  they  clean  it  up  say,  once  or  twice  a  year? 

A.  Oh  yes ;  maybe  once  a  month  for  all  I  know. 

Mr.  Ayer : 

Q.  Do  you  get  your  wood  from  the  plant? 
Gristo : 

A.  Yes. 

Q.  What  condition  is  the  wood  in — slabs,  sawed  up  16  inches  long  and  not 
split? 

A.  Yes. 

Q.  What  do  they  charge  you  for  that,  delivered  at  your  home? 

A.  $2.00  a  load — about  two  cords. 

Q.  That  makes  about  a  dollar  a  cord.  How  much  would  it  cost  you  to 
go  around  the  yard  and  get  the  broken  pieces  and  get  them  to  your  house 
and  have  it  sawed  up? 

A.  Well,  I  don't  think  I  could  get  it  cheaper.  It  would  take  a  long  time  to 
pick  it  up  and  I  would  have  to  get  a  team. 

Q.  Do  you  think  any  of  the  Indians  who  have  families  can  always  get  it 
at  $1.00  a  cord,  delivered? 

A.  Yes. 


73 

Mr.  Ayer : 

Q.  I  notice  there  are  some  Indians  who  are  dissatisfied  with  the  working 
of  the  plant  and  the  whole  conditions? 

Gristo : 

A.  Well,  the  way  I  understand  it,  they  are. 

Q.  Are  these  men  working  for  the  company? 

A.  They  had  been  working  right  along — but  I  guess  they  lost  their  jobs. 

Q.  Do  you  know  for  what  reason? 

A.  Well,  not  exactly.  Once  in  a  while  some  of  them  come  and  tell  me 
the  trouble,  but  I  never  took  any  trouble  to  keep  it  in  my  head. 

Q.  Do  you  know  how  many  Menominees  are  working  in  the  woods,  etc.? 

A.  No,  sir. 

Q.  Isn't  it  the  usual  thing  that  the  Indians  are  usually  given  a  job  if  they 
are  good  workers? 

A.  Well — yes. 

Q.  What  percentage  of  the  tribe  do  you  think  is  dissatisfied? 

A.  Well,  as  far  as  I  know,  most  of  them  are  not  satisfied  and  only  a  few 
are. 

Q.  Well,  what  do  they  want  instead  of  what  they  have  got? 

A.  Well,  I  don't  know  what  they  want. 

Q.  Have  they  any  better  scheme? 

A.  They  claim  they  have. 

Q.  Are  they  the  hard-working  men  that  devote  their  time  to  work  who 
think  they  can  do  better,  or  are  they  the  men  outside,  who  don't  work?  Do 
they  want  to  do  away  with  the  mill? 

A.  No ;  I  think  the  idea  is  that  the  mill  ought  to  be  making  money, 
instead  of  running  behind  every  year. 

Mr.  Ayer : 

Q.  But,  is  it  a  fact  that  they  are  running  behind?     Where  do  they  get 
that  idea? 
Gristo : 

A.  Well,  I  don't  know ;  those  are  the  reports  I  hear. 

Q.  Well,  do  you  know  whether  these  reports  are  true  or  not? 

A.  I  couldn't  say. 

Q.  Who  has  been  telling  these  men  that  the  mill  has  been  running  behind? 

A.  I  couldn't  tell. 

Q.  Well,  don't  they  know  they  can  come  to  the  agent  and  find  out  exactly 
how  the  mill  is  run?  Has  it  not  always  been  that  any  Indian  can  come  in 
and  examine  the  books  any  time? 

A.  Yes ;  although  I  don't  know  whether  they  ever  did  or  not. 

Mr.  Ayer : 

Q.  Well,  then,  the  only  reason  they  are  dissatisfied  is  that  they  think  this 
mill  is  losing  money  every  year. 

Gristo : 

A.  Yes. 

Q.  Well,  do  you  think  they  would  be  satisfied  if  they  could  be  informed 
that  this  mill  is  making  money  every  year? 

A.  I  don't  know  how  they  would  feel  about  that. 

Q.  Have  any  of  their  attorneys,  or  the  outside  people,  told  them  that  the 
mill  is  losing  money? 


74 

A.  I  couldn't  say,  only  every  once  in  a  while  they  get  wind  that  the  mill 
is  losing  money. 

Q.  Don't  you  think  it  would  be  the  proper  thing  to  do  to  have  your  men 
go  to  the  office  and  examine  the  books? 

A.  Why,  sure. 

Q.  And  don't  you  think  that  if  the  men  knew  that  the  last  two  years  the 
mill  had  added  to  the  funds  at  Washington  $444,000,  they  would  have  been 
more  satisfied  with  the  management? 

A.  Why,  sure,  if  they  had  known  it. 

Q.  You  are  convinced  that  if  the  Indians  knew  the  mill  was  making  money 
they  would  be  satisfied? 

A.  Yes,  sir. 


EXHIBIT  16. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Charles 
W.  Chickeney,  at  Menominee  Indian  Reservation,  Neopit,  Wis 
consin,  November  29,  1913. 

Mr.  Ayer : 
Q.  You  are  a  Menominee  Indian,  of  course? 

Chickeney : 

A.  Yes,  sir. 

Q.  Mr.  Chickeney,  how  long  have  you  worked  here  for  the  plant? 

A.  Two  years  in  June. 

Q.  What  is  your  position? 

A.  I  am  what  they  call  "retail  salesman." 

Q.  You  are  familiar  with  the  way  the  lumber  is  piled  and  kept  in  the  yard? 

A.  Yes,  sir. 

Q.  Are  you  familiar  with  the  way  it  is  piled  in  other  lumber  yards? 

A.  No;  I  am  not. 

Q.  There  seem  to  be  several  men  here  who  are  much  opposed  to  this  whole 
scheme.  Are  those  men  usually  the  laboring,  hard  working  men  for  the  mill, 
or  are  they  the  people  who  do  not  work  much? 

A.  Well,  I  know  of  two  who  do  not  work  at  all,  who  have  been  kicking. 

Q.  Well,  how  do  they  get  their  living? 

A.  I  am  sorry  to  say  you  will  have  to  tell  me  before  I  can  tell  you. 

Q.  Is  it  the  general  impression  here  that  the  mill  is  making  money  or 
losing  money? 

A.  That  I  could  not  tell  you. 

Q.  Well,  have  you  heard  that  the  plant  is  losing  money? 

A.  Yes. 

Q.  Have  they  ever  made  any  effort  to  come  to  the  office  to  find  out  if 
they  had  been  losing  money? 

A.  Not  that  I  know  of. 

Q.  You  are  satisfied  that  they  could  if  they  wanted  to? 

A.  Well,  whenever  I  have  come  to  Nicholson  with  reference  to  anything 
I  have  always  got  what  I  wanted. 


75 

Q.  How  many  men  do  you  think  are  opposed  to  this  saw  mill  and  the 
other  things  ? 
A.  That  I  could  not  tell. 

Mr.  Ayer: 

Q.  Well,  there  are  not  a  great  many  are  there;  would  it  be  5%  or  perhaps 
10%? 

Chickeney : 
A.  Yes;  I  think  probably  10%. 

Mr.  Ayer : 

Q.  Don't  you  think  if  those  men  would  take  the  opportunity  of  coming 
and  getting  the  information  at  this  mill,  and  it  was  demonstrated  that  this 
mill  was  making  money,  that  they  would  feel  different  about  it? 

Chickeney : 

A.  I  think  they  would ;  yes. 

Q.  Is  the  yard  in  good  condition  as  far  as  cleanliness  is  concerned? 

A.  Well,  as  far  as  I  know,  it  is.  Of  course,  business  hasn't  been  very 
good  and  everything  is  piled  up ;  there  are  not  many  of  what  they  call  "outs." 

Q.  You  are  not  familiar  with  the  logging  in  the  woods,  are  you  ? 

A.  No,  I  don't  know  what  is  going  on  there. 

Q.  Don't  you  think  it  would  be  a  good  plan,  in  the  interests  of  your  tribe, 
for  two  or  three  of  you  who  are  satisfied  and  connected  with  the  plant,  to 
get  two  or  three  of  the  leading  men  in  what  we  may  call  the  "opposition"  to 
come  with  you,  say,  the  two  merchants  and  you,  and  invite  two  or  three  men, 
to  come  up  here  and  get  an  exact  statement  of  how  much  money  this  mill 
has  made  or  lost  in  the  last  three  years? 

A.  Why,  yes ;  indeed,  I  do. 

Mr.  Ayer : 

Q.  Well,  now,  these  books  are  kept,  as  I  understand  it,  by  Government 
men  under  Government  employ.  Every  dollar  of  money  that  comes  in  is 
credited  to  the  Government  and  every  dollar  paid  out  is  charged  to  the  Gov 
ernment.  Now  you  can  readily  find  out  in  this  office  whether  you  take  in 
more  money  during  the  year  than  you  expend,  and  if  you  can  find  that  in 
the  three  years  they  have  taken  in  more  money  than  they  have  expended,  then 
you  know  exactly  whether  you  are  making  money  or  not,  and  I  would  suggest 
that  you  do  this.  As  a  business  man,  I  don't  believe  that  any  man  would 
want  to  say  that  these  books  are  fraudulently  kept.  So  I  think  it  would  be 
a  good  scheme  to  get  up  a  committee  of  that  kind  and  come  and  find  out,  so 
you  can  tell  your  tribe  exactly  how  things  are.  And  I  shall  suggest  that  at 
the  end  of  each  year  there  be  a  little  slip  printed  and  given  to  each  member 
of  this  tribe,  telling  them  exactly  what  the  outcome  of  this  business  has  been, 
whether  it  is  a  loss  or  a  gain. 

Chickeney : 

I  think  the  reason  the  tribe  are  dissatisfied"  is  that  the  annuity  is  decreasing 
every  year. 

Mr.  Ayer : 

That  I  don't  know  anything  about.  Only  I  do  know,  from  the  books  of 
this  office,  that  there  have  been  several  hundred  thousand  dollars  added  to 


76 

your  credit  in  Washington  in  the  last  three  years,  so  that  it  isn't  true  that 
this  mill  has  decreased  your  annuity. 

Chickeney  : 

Well,  that  is  the  impression  of  the  tribe,  that  this  mill  is  to  blame  for  it. 

Mr.  Ayer : 

Q.  Now,  you  know  that  if  you  sell  your  logs  you  have  only  three  months' 
work  a  year  and  you  are  up  against  the  great  lumber  companies  here.  Some 
of  them  have  been  robbing  you  from  time  immemorial.  Now,  do  you  want 
to  go  back  to  that? 

Chickeney : 

A.  Why,  no. 

Q.  How  many  men  of  these  agitators  are  there  in  the  tribe  who  don't 
work,  who  still  live  and  have  money;  you  said  you  knew  of  two  of  this 
bunch  here? 

A.  They  are  the  only  two  I  know  of. 

Q.  Have  they  any  income  from  property? 

A.  Not  to  my  knowledge 

Q.  They  have  their  annuity — $60.00  a  year — but  they  can't  live  on  that, 
can  they?  Have  they  families? 

A.  Why,  one  has. 

Q.  And  still  he  never  works? 

A.  I  don't  know  how  it  is,  but  he  never  works  any. 
Mr.  Ayer: 

I  am  going  to  recommend  that  one  or  more  young  men  be  put  through 
the  College  of  Agriculture  at  Madison  by  the  tribe,  who  will  come  back  and 
be  able  to  teach  you  how  to  raise  the  best  cattle,  pigs,  horses,  everything  the 
best  type  instead  of  the  poorest. 
Chickeney : 

Well,  Mr.  Ayer,  I  want  to  say  this.  No  matter  what  they  do  at  the  mills 
here  or  in  the  woods,  no  matter  how  the  funds  are,  we  must  have  something 
to  eat,  something  to  put  on  our  back,  and  it  depends  whether  we  go  back 
to  degradation  or  rise  to  the  position  of  citizenship  on  our  knowledge  and 
adaptability  for  agriculture,  and  I  am  thoroughly  in  accord  with  your  recom 
mendation  in  regard  to  starting  us  right. 


EXHIBIT  17. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Frank  S. 
Gauthier,  at  Menominee  Indian  Reservation,  Neopit,  Wiscon 
sin,  November  29,  1913.  Mr.  Gauthier  was  accompanied  by  a 
party  of  six  Indians. 

Mr.  Gauthier  presented  for  Mr.  Ayer's  perusal,  a  copy  of  a  report  dated 
March  11,  1913,  that  he  had  presented  to  the  Secretary  of  the  Interior  at 
Washington,  on  March  13th,  1913.    Mr.  Gauthier  had  gone  to  Washington  at 
the  request  cf  his  tribe,  as  their  representative. 
Mr.  Ayer : 


Q.  Do  you  still  feel  just  the  same  as  you  did  when  this  was  written? 

Gauthier : 

A.  Yes,  sir;  if  anything,  worse. 

Q.  Have  you  been  in  the  employ  of  the  mill  company  here? 

A.  Yes;  up  to  1911,  and  then  I  was  transferred  over  to  headquarters. 

Q.  Are  you  still  there? 

A.  No,  sir;  I  resigned  there  in  September.  I  decided  to  make  a  fight  and 
so  I  had  to  resign  in  order  to  make  a  fight. 

Q.  Well,  now,  what  is  the  principal  thing  you  wanted  to  make  a  fight  on? 

A.  On  our  superintendent,  Mr.  Nicholson.  He  is  incompetent;  and  not 
only  the  superintendent,  but  his  assistant,  Mr.  Marble,  also. 

Mr.  Ayer  then  outlined  to  Mr.  Gauthier  and  his  party  the  recommendations 
it  was  his  intention  to  make  to  the  Government,  about  having  tribal  cattle, 
about  the  allotment  of  farms  and  the  division  of  the  tribal  funds  to  get  them 
started,  about  sending  a  few  bright  young  Indians  to  Madison  Agricultural 
College  to  learn  scientific  farming,  about  having  the  entire  reservation  sur 
veyed  by  townships,  about  having  matters  presented  by  the  Indians  attended 
to  at  Washington  without  delay. 


EXHIBIT  18. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  John 
Kakatosh,  at  Menominee  Indian  Reservation,  Neopit,  Wiscon 
sin,  November  30,  1913. 

Mr.  Ayer : 

Q.  Mr.  Kakatosh,  would  you  rather  have  the  mill  stopped  and  log  the 
balance  of  this  reservation  by  selling  the  logs?  How  do  you  feel  about  that? 

Kakatosh : 

A.  Well,  now,  I  have  worked  around  here  quite  a  little,  but  it  is  pretty 
hard  for  me  to  know  all  that  is  going  on  here.  Do  you  want  to  know  what 
the  Menominees  want? 

Q.  Why,  yes ;  I  want  to  know  about  everything  that  is  going  on  here, 
what's  going  on  at  the  mill  and  what  the  Menominees  wants.  I  want  to  see 
if  we  cannot  do  better  and  conserve  your  property.  You  don't  work  in 
the  mill  do  you? 

A.  No;  I  run  camp  in  the  woods  for  the  Government.    I  run  Camp  17. 

Q.  Do  you  feel  that  these  logs  are  being  cut  properly  and  handled  econ 
omically  and  as  well  as  it  is  possible  to  do  it? 

A.  Well,  we  are  trying  to  get  the  logs  out  as  cheap  as  we  can. 

Q.  Why  do  the  Indians  want  to  have  an  attorney  on  this  reservation? 
What  do  they  want  to  do  that  the  Government  will  not  do? 

A.  Well,  I  have  heard  a  lot  of  fellows  saying  that  the  mill  is  not  handled 
right,  that  there  is  a  lot  of  miscuts. 

Q.  Do  they  think  any  mill  is  cutting  where  there  are  not  miscuts? 

A.  I  couldn't  say.  I  have  been  brought  up  around  the  mills,  but  I  couldn't 
say  how  many  miscuts  there  were. 


78 

Q.  You  are  a  farmer,  are  you  not? 

A.  No;  but  I  am  going  to  start  a  little  farm  next  year. 

Q.  That's  very  fine.  By  the  way,  the  Indians  are  doing  better  work  these 
days,  aren't  they? 

A.  Why,  yes;  since  they  got  the  mill  in  they  are  getting  more  down  to 
working.  Now  my  two  boys  are  working  nearly  the  whole  year  steady  and 
there  are  a  lot  of  boys  who  work  that  way. 

Mr.  Ayer: 

Q.  Do  you  know  anything  about  whether  this  mill  is  paying  or  not;  have 
you  ever  been  told? 

Kakatosh : 

A.  I  heard  a  lot  of  them  saying  that  the  mill  did  not  pay. 

Q.  Where  did  they  get  their  authority? 

A.  Well,  I  don't  know;  I  just  heard  a  lot  of  them  say  so. 

Here  Mr.  Ayer  explained  that  the  mills  had  made  a  profit  of  $444,000 
during  the  past  two  years  and  that  the  Indians  could  get  the  facts  in  regard 
to  the  profits  of  the  mill  at  any  time,  either  from  the  Agent,  or  from 
Washington. 

Mr.    Kakatosh : 

I  heard  Mr.  Nicholson  say  once  that  the  boys  could  get  the  facts  in  Wash 
ington  about  what  money  the  mill  was  making. 

Mr.  Ayer  : 

Mr.  Ayer,  continuing,  explained  that  in  the  past  two  years  $444,000  had 
been  added  to  the  tribal  funds  at  Washington  out  of  the  profits  of  the  mill ; 
that  the  statements  to  this  effect  were  absolutely  reliable  and  that  any  state 
ment  that  the  mill  was  losing  money  was  untrue.  "The  books  of  the  reser 
vation,"  he  said,  "are  audited  by  Washington  and  are  absolutely  correct,  and 
any  Indian  can  come  here  and  find  out  just  what  money  the  mill  is  making 
or  losing,  and  if  they  then  are  not  satisfied  they  can  get  the  information 
from  Washington. 

Mr.  Ayer: 

Q.  Well  now,  have  you  any  suggestions  to  make  as  to  how  the  mill  could 
be  run  better? 

Mr.  Kakatosh : 

A.  No,  I  have  not.  I  have  worked  in  a  good  many  mills  and  they  are 
worked  just  the  same,  as  far  as  I  can  see,  as  this  mill  here. 

Q.  Don't  you  think  this  entire  reservation  ought  to  be  run  out  and  exam 
ined  and  a  report  made  on  every  township,  of  the  character  of  the  soil  and 
what  it  will  grow  best,  and  get  this  information  so  as  to  know  what  you 
have  here? 

A.  Why  yes ;  some  parts  here  are  good  land  and  some  bad  land. 

Kakatosh : 

Well,  of  course  I  have  heard  a  lot  of  talk,  but  I  have  been  here  since  this 
plant  started  up  and  have  all  kinds  of  work, — shovelling,  driving  piles,  work 
ing  on  the  river, — and  I  have  had  all  the  work  I  want. 


79 
EXHIBIT  19. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Mose 
Tucker,  at  Menominee  Indian  Reservation,  Neopit,  Wisconsin, 
November  29,  1913. 

Mr.  Ayer: 

Q.  Have  you  been  working  for  the  mill? 

Tucker : 

A.  No;  I  could  not  support  my  family  in  that  way. 

Q.  You  have  a  family? 

A.  Yes,  sir. 

Q.  Have  you  a  farm? 

A.  Yes ;  I  have  100  acres  in  fence  and  63  under  cultivation,  and  I  bought 
another  place  at  Keshena  of  74  acres. 

Q.  What  do  you  raise? 

A.  Corn,  potatoes,  oats,  hay,  beans. 

Q.  Do  they  all  grow  successfully  in  this  country, — good  crops? 

A.  Sure. 

Q.  Then  you  are  making  a  comfortable  living  for  your  family  on  these 
farms? 

A.  Yes. 

Q.  Can  you  tell  me  something  about  the  farming  on  this  reservation? 

A.  Well,  I  believe  that  this  is  very  good  farm  land  here. 

Q.  Are  you  satisfied  that  the  future  of  the  Indians  will  be  better  the  more 
they  take  to  farming? 

A.  Yes. 

Q.  Have  you  good  stock? 

A.  Well,  I  have  3  Guernsey  cows  and  one  bull  and  three  sows. 

Q.  Do  you  think  that  if  the  Government  made  an  effort  to  help,  out  of 
the  funds,  that  you  could  get  some  of  the  younger  men  into  farming? 

A.  Yes ;  from  my  knowledge  I  believe  that.  I  know  my  people  are  very 
easily  led,  and  if  you  lead  them  in  the  right  way  they  will  go  that  way,  and 
if  you  lead  them  in  the  wrong  way  they  will  go  that  way. 

Mr.  Ayer  here  advised  Mr.  Tucker  that  the  Indians  did  not  need  any 
lawyers  to  handle  their  difficulties,  that  if  they  needed  anything  the  Board  of 
Indian  Commissioners  would  do  everything  in  their  power  to  help  them ; 
that  the  Government  was  their  friend  and  that  there  was  no  occasion  to 
spend  any  money  on  lawyers. 

Tucker : 

Mr.  Ayer,  let  me  tell  you  that  I  am  48  years  old,  and  I  have  always  made 
an  effort  to  develop  myself  in  every  way.  Now,  whenever  we  make  a  com 
plaint  to  the  Department  they  will  come  right  back  to  the  Agent  and  the 
Agent  will  say,  "Those  parties  are  always  making  complaints,"  and  conse 
quently  things  get  worse  and  worse. 

Mr.  Ayer: 

Q.  Then  one  of  your  main  complaints  against  the  Government  is  the 
great  delays  that  occur  in  all  your  requests  and  correspondence? 


80 

Tucker : 

A.  Yes. 

Mr.  Ayer  brought  the  interview  to  a  close  after  explaining  that  any  of 
the  Indians  could  get  any  desired  information  about  the  accounts  of  the  mills 
and  that  there  was  absolutely  no  doubt  but  that  the  mills  were  making  money 
and  were  doing  very  well. 


EXHIBIT  20. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Simon 
Beauprey,  at  Menominee  Indian  Reservation,  Neopit,  Wiscon 
sin,  November  30th,  1913. 

Mr.  Ayer: 
Q.  Are  you  working  for  the  plant? 

Beauprey : 

A.  I  was,  two  years  ago,  but  I  got  discharged  the  1st  of  July  and  I  haven't 
done  anything  since.  I  was  a  forest  ranger. 

Q.  Well,  does  that  come  under  this  mill  department? 

A.  Yes,  sir. 

Q.  How  much  good  farm  land  is  there  on  the  reservation,  land  that  isn't 
too  stony  or  too  rough? 

A.  I  should  say  about  four  townships,  one-third  of  it.  There  are  three 
townships  on  the  other  side  of  the  Wolf  River  that  isn't  good  farm  land, 
but  it  will  make  good  grazing. 

Mr.  Ayer  explained  that  he  intended  to  make  recommendations  about  al 
lotting  farm  lands,  and  about  putting  tribal  cattle  on  the  pasture  lands. 

Mr.  Ayer: 

Q.  Have  you  any  suggestions  to  make  that  you  think  would  improve  con 
ditions  here?  You  know,  of  course,  that  they  have  added  some  $444,000  to 
your  tribal  funds  at  Washington,  in  the  past  two  years? 

Beauprey : 

A.  No,  sir,  I  don't  think  of  any. 


EXHIBIT  21. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  George 
T.  McCall,  at  Menominee  Indian  Reservation,  Neopit,  Wiscon 
sin,  November  30th,  1913. 

Mr.  Ayer : 

Q.  You  are  working  for  the  Company,  Mr.  McCall? 


81 

Mr.  McCall : 

A.  Yes,  sir ;  I  work  in  the  camps. 

Q.  Mr.  McCall,  have  you  cruised  this  reservation  pretty  well? 

A.  Not  very  much ;  I  have  been  all  through  it  but  I  have  never  made  any 
special  effort  to  find  out  what  there  is  in  it. 

Q.  They  are  estimated  here  all  the  way  from  a  billion  and  three-quarters 
to  two  billion. 

A.  I  don't  think  there  is  that  much, — you  know  fire  destroyed  a  good  part. 

Q.  Is  there  hay  that  could  be  cut  for  the  cattle  over  on  Wolf  River,  to 
wards  Oconto  ? 

A.  Yes,  but  over  on  the  southwest  side  of  the  reservation  there  is  hardly 
any  hay  to  be  cut. 

Q.  Is  this  logging  work  that  you  are  doing  satisfactory  to  you? 

A.  Yes ;  I  am  working  in  that  burnt  timber  and  I  am  picking  up  all  that 
"down"  stuff. 

Q.  How   long  has  that  been  there? 

A.  It  has  been  burnt  three  years. 

Q.  Nothing  but  the  white  pine  is  any  good,  of  course? 

A.  Well,  the  hemlock  is  good,  the  hard  part  under  the  saps. 

Q.  What  will  they  make? 

A.  No.  2  and  No.  3.  When  we  get  100  logs  I  realize  about  40.  We  have 
to  cut  them  all  in  order  to  find  if  they  are  any  good  or  not. 

Q.  What  do  you  think  it  would  cost  per  thousand  to  log  them  and  get 
them  at  the  mill? 

A.  About  $7.00  I  think. 

Q.  Is  there  much  white  pine  there? 

A.  Yes. 

Q.  Well,  is  the  white  pine  any  good? 

A.  Yes ;  you  take  this  timber  that  has  been  laid  down  for  many  years,  it 
is  good  because  it  is  all  clear  timber,  seasoned  and  all  that. 

Mr.  Ayer: 

Q.  Don't  you  think  it  would  be  a  good  business  proposition  to  have  the 
timber  on  this  reservation  estimated? 

Mr.  McCall : 

A.  I  have  always  thought  that  would  be  a  good  thing. 

Mr.  Ayer : 

Q.  You  don't  think  there  is  two  billion — do  you  think  there  is  a  billion 
and  a  half  ? 

Mr.  McCall: 

A.  Yes,  I  think  there  might  be  that. 

Q.  How  long  do  you  think  before  they  will  be  ready  again  to  log  that 
part  the  foresters  are  leaving? 

A.  It  takes  very  long,  I  think  fifty  years. 

Q.  How  high  are  they  leaving  them? 

A.  10  and  12  inches. 

Q.  How  much  good  farm  land  is  there  on  this  reservation,  as  far  as  you 
know? 


82 

A.  Well,  I  believe  there  is  all  of  about  seven  townships  that  is  good 
farming  land.  Four  are  particularly  good ;  three  not  so  good,  but  they  could 
be  used. 


EXHIBIT  22. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Peter  L,a- 
motte,  at  Menominee  Indian  Reservation,  Neopit,  Wisconsin, 
November  30th,  1913. 

Mr.  Ayer : 
Q.  How  long  have  you  been  here,  Mr.  Lamotte? 

Mr.  Lamotte : 

A.  Three  years. 

Q.  Do  you  think  the  mill  has  been  of  great  benefit  to  the  tribe? 

A.  Well,  I  think  it  is  a  benefit,  but  it  doesn't  make  any  money. 

Q.  You  mean  a  benefit  in  so  far  as  it  has  furnished  more  employment? 

A.  Yes,  more  employment;  but  the  Indians  don't  get  it.  Before  this  plant 
was  here  the  Indians  had  more  work — logging. 

Q.  But  they  only  logged  three  or  four  months  a  year. 

A.  Yes ;  but  after  they  would  get  through  they  used  to  work  the  farms, 
but  now  you  have  to  go  to  work  every  day  and  you  have  nothing  to  farm 
with,  and  if  you  stop  work  for  a  week  you  are  going  to  starve. 

Q.  Now,  you  say  the  mill  doesn't  pay? 

A.  It  would  pay  if  it  was  well  taken  care  of. 

Q.  But  is  the  mill  a  good  thing — you  said  it  didn't  pay? 

A.  It  doesn't  seem  to  be  paying. 

Q.  Have  you  ever  asked  to  see  the  statement? 

A.  Yes. 

Q.  Well,  that  indicates  that  there  have  been  some  $444,000  paid  into 
Washington  in  the  last  two  years,  over  and  above  everything. 

A.  Well,  then,  I  must  be  mistaken. 

Here  Mr.  Ayer  explained  in  detail  how  the  mill  had  been  progressing, 
showing  by  a  statement  before  him  just  what  money  they  had  been  making 
on  the  reservation  each  year  for  some  years  past.  Also  explaining  that  the 
books  were  absolutely  to  be  relied  upon. 

Mr.  Ayer : 

Q.  Do  you  think  we  ought  to  make  a  recommendation  to  have  a  certain 
part  of  the  funds  turned  over  to  individuals  to  make  a  farm? 

A.  That's  all  right. 

Q.  What  do  you  think  about  sending  five  or  six  bright  young  men  to 
the  College  of  Agriculture  at  Madison  to  have  them  learn  to  be  scientific 
farmers?  , 

A.  That's  all  right,  too. 

Q.  Don't  you  think  these  lands  all  ought  to  be  run  out,  showing  what  is 
on  every  township  in  this  reservation? 


83 

A.  That  would  be  another  expense  to  the  tribe. 

Mr.  Ayer  here  outlined  to  Mr.  Lamotte  his  plan  of  recommending  to  the 
Government  that  a  portion  of  the  tribal  money  be  used  for  allotting  farms 
and  getting  them  started. 

Also  his  plan  of  recommending  that  say  a  thousand  head  of  cattle  be 
put  on  the  reservation  to  eat  up  the  pasture  now  going  to  waste,  for  the 
Government,  if  necessary,  to  cut  hay  enough  to  carry  the  cattle  through  the 
winter. 

Also  of  recommending  that  matters  taken  up  by  the  tribe  be  accorded 
immediate  attention. 

Mr.  Ayer : 

Q.  What  proportion  of  the  tribe  is  dissatisfied,  do  you  think,  with  the 
plant  here? 

Mr.  Lamotte : 

A.  Quite  a  few? 

Q.  10  per  cent? 

A.  I  think  more  than  that.  My  opinion  is  this,  that  the  Indian  can  log 
as  good  as  the  white  man,  or  better.  I  think  the  mill  should  be  leased  and 
the  timber  sawed  so  much  per  thousand. 


EXHIBIT  23. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Wyeske- 
sit,  an  old  pagan  Indian,  at  Menominee  Indian  Reservation,  Neo- 
pit,  Wisconsin,  December  1, 1913.  Mr.  Wyeskesit  was  accompanied 
by  Mr.  Thomas  Prickett  and  Mr.  Frank  Gauthier,  the  latter  act 
ing  as  interpreter. 

Wyeskesit : 

The  reason  why  I  come  to  see  this  gentleman  is  to  tell  him  how  the 
Menominees  are  in  poor  circumstances.  You  see  this  city  here,  it  looks 
nice  and  good.  But  where  I  live  is  the  poorest  settlement  that  there  is  on 
the  reservation — Zoa  settlement,  six  miles  away. 

Mr.  Ayer : 
Q.  What  is  the  nature  of  the  land  up  there;  is  there  any  good  farm  land? 

Wyeskesit : 
A.  Good  land,  timber  land;  but  how  am  I  going  to  use  the  farm? 

Mr.  Ayer : 

Q.  I  am  going  to  recommend  that  the  Government  will  advance  money 
enough  to  those  who  want  to  farm  to  build  a  house  and  barn  and  get  a 
team.  Won't  that  help  you? 

Wyeskesit : 

A.  I  want  the  views  of  this  proposition  placed  before  the  tribe,  and  what 
ever  action  my  people  take,  then  I  will  give  my  opinion. 


84 

Q.  I  want  your  individual  opinion. 

A.  My  opinion  is  that  when  a  man  comes  here  I  like  to  have  him  go 
and  be  my  witness  to  the  poor  conditions  we  are  placed  in  up  there.  We 
are  in  such  poor  circumstances  we  have  no  lumber ;  some  of  my  people 
up  there  have  bark  for  their  roofs.  We  have  no  money  to  buy  this  lumber 
up  here. 

Q.  How  do  they  live? 

A.  Go  around  and  hunt  and  trap. 

Q.  Is  there  much  game  on  the  reservation? 

A.  There  is,  but  there  are  some  of  us  that  are  unable  to  hunt.  We  are 
old  and  sick. 

Q.  How  old  are  you? 

A.  72. 

Wyeskesit : 

That  was  why  I  went  to  the  war  to  fight  for  this  country  so  that  the  white 
people  that  I  helped  would  help  me  when  I  am  poor. 

Mr.  Ayer  : 

Q.  How  much  pension  do  you  get? 

A.  $208.00  a  year. 

Q.  How  much  annuity  do  you  get  a  year? 

A.  In  the  beginning  I  got  $30.00  twice  a  year ;  but  now  the  money  is  being 
used  for  other  purposes ;  it  is  sunk  here. 

Mr.  Ayer: 

In  the  past  two  years  $444,000  was  deposited  with  the  United  States 
Government  out  of  the  profits  of  this  plant.  Isn't  that  good? 

Wyeskesit : 

If  this  plant  was  a  paying  proposition  would  I  be  poor ;  would  I  be 
hungry?  The  white  people  you  see  here,  they  are  the  people  who  have 
good  things  to  eat. 

Mr.  Ayer : 

But  over  and  above  the  entire  expense  of  this  plant  for  two  years  they 
have  deposited  $444,000  in  the  tribal  funds  at  Washington.  The  money  in 
your  funds  at  Washington  now  amounts  to  about  two  million  dollars.  If 
this  plant  keeps  on  as  it  has  for  the  last  two  years  it  will  pay  in  a  short  time 
all  the  money  that  has  been  put  into  it. 

Wyeskesit : 
Well,  where  is  this  money? 

Mr.  Ayer : 

They  are  paying  annuities  out  of  it;  if  they  should  pay  that  all  out  at 
once  the  Indians  would  be  poorer  in  a  few  years  than  now ;  there  would  be 
nothing  to  draw  from. 

Mr.  Ayer  here  explained  to  Wyeskesit,  through  the  interpreter,  that 
while  he  had  come  specially  for  the  purpose  of  examining  conditions  at 
the  mills  and  in  the  woods,  still  in  the  meantime  he  would  make  strong 
recommendations  and  suggestions  that  he  hoped  would  benefit  the  tribe. 


85 

EXHIBIT  24. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Charles 
Frechette,  at  Menominee  Indian  Reservation,  Neopit,  Wisconsin, 
November  30th,  1913. 

Mr.  Frechette  was  accompanied  by  Mr.  Frank  Gauthier,  Mr.  Mose 
Tucker  and  three  other  Indians. 

Mr.  Freschette  presented  a  document  which  showed,  as  he  understood  it, 
that  pine  timber  had  been  sold  for  $57.00  in  the  log.  Mr.  Ayer  explained  that 
his  understanding  was  incorrect,  demonstrating  that  the  timber  referred  to 
had  been  sold  for  $70.00  per  thousand  on  the  stump. 

The  remainder  of  this  meeting  was  taken  up  by  a  discussion  as  to  the 
profits  of  the  mill :  Mr.  Ayer  showing  how  $444,000  had  been  added  to  the 
tribal  funds  at  Washington,  from  the  profits  of  the  mill  during  the  past 
two  years ;  the  total  amount  of  the  funds  at  Washington,  etc. 


EXHIBIT  24A. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mr.  Louis 
Oshkananiew,  at  Menominee  Indian  Reservation,  Neopit,  Wis 
consin,  November  30th,  1913. 

Mr.  Ayer : 

Q.  Do  you  live  around  here? 
Oshkananiew : 

A.  I  live  away  up  on  the  northeast  end  of  the  reservation. 

Mr.  Ayer  outlined  his  plan  of  recommending  tribal  cattle,  asking  if  they 
had  good  hay  up  there. 

Mr.  Oshkananiew  said  this  plan  would  work  out  well  up  where  he  lived. 

Q.  Are  you  a  farmer? 

A.  Yes,  sir;  I  farm  about  enough  to  make  my  living,  19  acres.  I  raise 
potatoes  and  corn. 

Q.  Don't  you  think  that  every  40  or  80  acres  on  this  reservation  ought  to 
be  run  out  and  estimated  and  the  good  grazing  land,  etc.,  all  be  found  out? 

A.  Yes,  sir. 


EXHIBIT  25. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mitchell  Osh 
kananiew,  at  Menominee  Indian  Reservation,  Neopit,  Wisconsin, 
November  30th,  1913.  Mr.  Oshkananiew  was  accompanied  by 
Mr.  Joe  Waupano. 

Mr.  Ayer: 
Q.  Are  you  working  for  the  company? 


86 

Oshkananiew : 

A.  I  was  up  to  January,  1912. 

Q.  Couldn't  you  continue? 

A.  Well,  at  that  time  I  was  working  here  as  timekeeper  for  this  mill. 
In  December  there  had  been  a  payment  and  the  Indians  got  only  $5.00  per 
capita  and  they  were  not  satisfied.  Many  of  them  did  not  have  clothing  on 
their  back.  Now  many  of  them  came  to  me  and  when  I  heard  their  pleas 
it  touched  my  heart  and  I  felt  it  was  my  duty  to  help  my  people.  I  went 
to  Washington  to  make  my  complaint  to  the  Commissioner  as  a  delegate 
for  my  tribe.  When  I  got  down  there  we  presented  our  complaint  in  writing. 
When  I  came  back  to  my  position  soon  afterwards  I  was  told  by  the  fore 
man  that  he  had  been  instructed  by  Mr  Nicholson  to  keep  the  time  himself. 

Q.  Then  they  must  have  found  they  could  get  along  without  you.  Did 
you  accomplish  anything  by  going  to  Washington? 

A.  We  got  $40.00  per  capita. 

Q.  Don't  you  think  you  would  have  gotten  this  just  as  well  without  going 
to  Washington? 

A.  I  don't  know,  but  that  was  our  impression — that  we  got  it  because  of 
my  going  there. 

Q.  How  long  was  it  before  you  got  back  and  asked  for  your  place  again, 
after  you  left  your  employment  to  go  to  Washington? 

A.  It  was  not  more  than  six  weeks,  from  the  time  I  left  until  the  time  I 
came  back. 

Q.  What  were  you  getting  a  month? 

A.  $2.00  a  day— $52.00  a  month. 

Q.  Well,  now,  have  you  ever  worked  for  the  company  since? 

A.  This  spring  I  made  an  application  to  Mr.  Adams  and  he  told  me  that 
when  there  was  an  opening  he  would  let  me  know.  I  have  been  waiting, 
but  haven't  got  a  place  yet.  Now,  when  I  came  back  from  Washington 
in  the  spring  there  was  a  clerk  that  had  been  discharged  and  I  made 
application  for  that,  but  I  got  a  letter  from  Washington  that  Mr.  Nicholson 
had  not  recommended  me.  So  I  couldn't  get  the  place,  although  I  made  an 
effort. 

Mr.  Ayer : 
Q.  What  would  you  suggest  as  a  better  way  to  handle  this  work? 

Oshkananiew : 

A.  The  Indians  have  been  clamoring  to  log.  When  they  did  log  they 
prospered,  they  had  money  in  the  spring  to  buy  cattle  and  corn,  and  they 
worked  their  farms  more  than  they  do  now. 

Q.  Do  you  refer  to  the  general  body  of  Indians  or  just  the  contractors? 

A.  The  whole  tribe. 

Q.  Do  you  know  how  many  Indians  have  worked  here  the  whole  year,  on 
the  average? 

A.  No. 

Mr.  Ayer : 

Q.  Well,  I  can  tell  you :  about  270.  Now  would  it  be  good  business  to 
let  these  contracts  to  Indians  to  log  if  the  mill  could  do  it  cheaper  by  having 
their  own  foremen  and  working  the  Indians  as  laborers  ?  Isn't  it  the  truth 
that  there  are  more  Indians  working  now  than  ever? 


87 

Oshkananiew : 

A.  Well,  yes,  now  they  are  picking  things  up  around  here,  but  there  are 
not  many  in  the  woods. 

Q.  Yes,  but  I  refer  to  the  last  year  and  they  have  been  making  money. 

A.  Well,  when  they  were  logging  they  raised  more  farm  products  than 
they  ever  did  before. 

Q.  Would  you  recommend  that  the  mill  be  stopped  and  the  logs  sold? 

A.  No. 

Q.  Every  Indian,  man,  woman  or  child,  can  have  access  to  these  books 
whenever  they  want  it,  and  you  get  statements  showing  the  accounts  of 
this  mill.  The  Government  issues  these  statements  and  the  books  at  the  mill 
are  immaculately  right.  The  books  are  kept  by  the  United  States  Govern 
ment  and  audited  by  the  United  States  Government.  If  any  man  should 
issue  a  false  statement  he  would  be  sent  immediately  to  the  State's  prison. 
If  any  man  tells  you  that  these  books  are  not  true  he  doesn't  tell  you  the 
truth. 

A.  Now,  if  they  have  so  much  money  why  are  they  starving  the  Indians? 

Q.  That  isn't  the  fault  of  this  mill.  The  Indian  Agent  here  cannot  spend 
a  cent  except  by  the  order  of  the  Indian  Department.  The  Government  is 
at  fault. 

Mr.  Ayer : 

Q.  Now  you  have  been  perfectly  frank  with  me,  but  you  haven't  told  me 
what  Mr.  Tyrrell,  the  attorney,  is  here  for.  Don't  you  want  to  tell  me? 

Oshkananiew : 

A.  Well,  we  are  being  mistreated.  We  want  an  attorney  to  speak  for  us. 
We  cannot  speak  as  well  as  an  attorney.  We  want  justice  and  we  are  not 
being  treated  right  under  the  present  way  of  doing  things.  We  want  our 
lawyer  to  get  justice  for  us  and  we  will  keep  him  and  pay  him  until  we  get 
justice. 

Mr.  Ayer  answered  that  in  his  judgment  the  right  way  to  handle  their 
grievances  was  to  take  them  up  with  Washington,  not  to  give  their  money  to 
the  attorneys. 


EXHIBIT  25A. 

Copy  of  a  letter  dated  Neopit,  Wisconsin,  December  3,  1913, 
from  Mr.  Mitchell  Oshkananiew,  of  the  Menominee  Indian  Tribe, 
to  Mr.  Edward  E.  Ayer,  Chicago. 

NEOPIT,  Wis.,  Dec.  3,  1913. 
HON.  EDWARD  E.  AYER, 

Railway  Exchange  Building, 

Chicago,  Illinois. 
DEAR  SIR: 

I  wish  to  write  to  you  in  connection  with  D.  F.  Tyrrell,  an  attorney  whom 
you  have  met  when  you  were  here.  You  have  had  a  long  interview  with 
him  in  the  office  at  Neopit,  and  no  doubt  you  may  have  formed  your  opinion 
of  this  man  by  the  way  he  talked  and  his  demeanor  towards  you. 

I  met  this  man  three  times  during  the  past  year.  I  saw  him  once  before 
on  the  train  in  1909  and  that  was  the  first  time  I  ever  met  him.  I  did  not 
know  what  kind  of  a  man  he  was  until  yesterday. 


88 

He  sent  word  to  me  at  my  home,  in  the  afternoon,  that  he  wanted  to  see 
me  at  the  hotel,  where  he  was  stopping,  at  Neopit.  I  went  there  and  when  I 
entered  the  house  I  saw  several  Indians  sitting  in  the  room  and  he  was  the 
central  figure. 

He  then  told  me  certain  things  which  indicated  that  he  was  displeased 
because  he  had  been  informed  that  I  was  working  against  him. 

I  did  not  like  the  way  he  talked  to  me  in  presence  of  the  Indians,  so  I 
asked  him  for  a  private  interview.  We  then  went  into  a  room  by  ourselves 
and  I  asked  him  for  an  explanation  and  it  only  resulted  in  a  quarrel  between 
I  and  him.  He  told  me  what  he  thought  of  me  and  I  did  the  same. 

On  the  morning  of  December  3d  I  was  at  the  same  hotel  where  Tyrrell 
was  stopping.  Two  Indians  were  getting  ready  to  go  in  the  woods  to  look 
over  the  timber,  and  before  they  went  Tyrrell  was  giving  them  instructions 
what  to  do  there. 

I  find  that  many  of  the  Indians  actually  believe  Tyrrell  is  a  great  lawyer 
and  that  he  can  accomplish  much  good  for  the  Menominee  Indians.  Thomas 
Prickett,  an  adopted  member  of  the  Menominees,  has  been  working  hard  to 
create  such  a  feeling  among  the  members  of  the  tribe. 

Tyrrell  is  very  active  at  present,  evidently  for  the  purpose  of  getting  the 
good  will  of  the  tribe.  I  understand  he  is  trying  to  get  a  contract  from  the 
Menominee  Indians  to  employ  him  as  their  attorney,  at  an  annual  salary  of 
$4,000  per  annum. 

Members  of  the  tribe  told  me  that  in  compliance  with  Tyrrell's  request 
they  had  collected  $150  in  cash  for  him  a  short  time  ago  before  he  went  to 
Washington,  D.  C.  After  his  interview  with  you  in  the  office  at  Neopit, 
Monday  morning,  December  1,  1913,  the  Indians  said  that  Tyrrell  told  one 
of  them  that  he  had  convinced  you  that  he  was  right.  When  this  news  went 
around  the  Indians  felt  glad.  And  as  a  result,  I  hear,  the  Indians  are  going 
to  collect  some  more  money  to  send  Tyrrell  again  to  Washington,  D.  C. 

I  do  not  desire  to  say  anything  against  any  other  attorney  who  may  be 
associated  with  him  along  this  line,  but  as  regards  Tyrrell,  it  is  my  impres 
sion  now  that  he  is  not  the  right  kind  of  a  person  to  have  anything  to  do 
with  the  Menominee  Indians,  and  his  connection  with  them  ought  to  be 
severed  at  once  for  the  good  of  the  tribe. 
Yours  truly, 

MITCHELL    OSHKENANIEW. 


EXHIBIT  25B. 

Copy  of  letter  from  Mr.  A.  S.  Nicholson,  Supt.  Menominee 
Indian  Mills,  to  Mr.  Edward  E.  Ayer,  dated  Neopit,  Wisconsin, 
December  4th,  1913. 

DECEMBER  4,  1913. 
HON.  EDWARD  E.  AVER, 
Chicago,  Illinois. 
DEAR  MR.  AYER: 

For  your  information,  last  evening,  December  2d,  about  six  P.  M.,  Mitchell 
Oshkenaniew  came  to  my  house  and  desired  an  interview,  which  I  gave.  His 
story  was  about  as  follows : 


89 

He  and  Mr.  Tyrrell  had  a  quarrel.  It  seems  Oshkenaniew,  who  is  head 
and  front  of  stirring  up  present  trouble,  spoke  disparagingly  of  Mr.  Tyrrell's 
ability  on  the  showing  he  made.  Tyrrell  accused  him  of  working  against 
him  and  of  commencing  to  stir  up  feeling  against  his  securing  a  contract 
with  the  tribe.  Hot  words  passed.  A  division  ensued  between  the  Indians, 
with  much  feeling  for  and  against.  In  course  of  his  remarks  Oshkenaniew 
said  that  Louis  LaFrambois  had  mortgaged  his  house  in  Marinette  for 
$200.00  which  money  was  sent  to  a  Mr.  Ballinger,  an  attorney  in  Washington, 
to  secure  his  interest  in  having  an  investigation  made.  He  intimated  that 
in  the  meantime  efforts  were  to  be  made  here  to  create  feeling  and  get  up 
any  evidence  they  could.  Mr.  Ballinger  is  connected  with  Mr.  Tyrrell. 

Last  night,  and  for  several  nights,  meetings  were  held  to  take  up  a  col 
lection  to  pay  Mr.  Tyrrell ;  about  $150.00  was  collected  and  Oshkenaniew 
says  paid  to  this  man. 

He  says  also  that  Tyrrell  was  trying  to  get  a  contract  with  the  tribe ;  $4,000 
yearly,  and  double  that  amount  if  successful.  I  told  Oshkenaniew  plainly 
that  he  came  to  me  too  late,  that  I  had  known  for  some  time  the  interests 
that  lay  behind  the  attacks  and  the  purpose  desired.  That  I  was  not  inter 
ested  in  his  statement.  If  he  had  any  to  make  and  was  undergoing  any 
change  of  heart,  he  could  write  to  you,  and  I  gave  him  your  address.  "Where 
rogues  fall  out  just  men  get  their  dues." 

I  could  have  showed  you  wherein  every  man  connected  with  these  com 
plaints  has  been  caught  by  me  in  crooked  transactions  and  been  disciplined. 
Yes,  even  jobs  put  up  by  them  in  hope  that  employees  here  would  fall.  That 
is  the  hope  of  this  kind,  that  they  can  get  rid  of  anyone  who  will  not  work 
their  way.  If  I  were  to  start  at  the  head  of  the  list,  I  could  go  down  the 
line  and  find  each  one  an  utterly  unprincipled  character,  who  has  been  caught 
red-handed  and  the  evidence  in  the  office. 

Pardon  me  for  bothering  you,  but  I  thought  you  might  like  to  know  of 
this  development. 

Sincerely  yours, 

A.  S.  NICHOLSON, 

Superintendent. 

P.  S. — An  example  of  the  pity  of  this  whole  thing  and  how  it  rebounds 
against  the  interest  of  the  Indian  in  actual  money  loss,  wages  and  all  con 
sidered. 

Mr.  LaFrambois  who  paid  the  above-mentioned  money  has  just  been  to 
the  office  and  asked  to  have  no  deduction  for  house  payment,  supplies,  etc., 
taken  from  his  wages  this  month  as  he  says  his  child  is  very  ill  and  he  wants 
to  use  money  to  consult  specialist  outside.  He  had  but  very  little  wages 
coming,  due  to  fact  that  he  was  not  working  but  spending  his  time  running 
around. 

Such  situations  as  this  are  always  the  case,  the  poor  Indian  is  induced  to 
part  with  his  money  on  any  pretext,  then  when  the  emergency  arises  he  has 
nothing. 

Sincerely  yours, 

A.  S.  N., 
Superintendent. 


90 
EXHIBIT  25C. 

Correspondence  between  Mr.  Edward  E.  Ayer  and  Mr.  Mitch 
ell  Oshkenaniew,  regarding  the  law  firm  of  Tyrrell  and  Bal- 
linger. 

NEOPIT,  Wis.,  Jan.  7,  1914. 
HON.  EDWARD  E.  AYER, 
Chicago,  Illinois. 
DEAR  SIR: 

One  of  my  friends  told  me  a  short  time  ago  that  he  asked  Thomas  Prickett 
how  Tyrrell  was  getting  along  at  Washington  and  that  Prickett  told  him 
that  Mr.  Tyrrell  stood  very  high  above  all  others  in  Washington,  D.  C. 

And  yesterday  I  had  talk  with  another  member  of  the  tribe  who  stands 
close  to  Prickett.  I  asked  him  what  promises  Tyrrell  was  making  to  the 
Indians,  as  to  what  he  could  do  for  them,  and  he  told  me  that  Tyrrell  was 
trying  to  get  annuities  for  the  Menominees  and  that  he  was  also  endeavoring 
to  have  an  investigation  made  of  Neopit  affairs.  That  last  Friday  or  Satur 
day  Louis  LaFrambois  received  a  letter  from  Mr.  Tyrrell  stating  that  the 
Assistant  Commissioner  was  favoring  him.  That  the  Commissioner  of 
Indian  Affairs  was  out  west  at  present  and  that  when  he  returned  he  was 
going  to  take  up  Menominee  matters ;  that  he  was  coming  here  to  make  an 
investigation.  That  it  made  no  difference  what  Mr.  Ayer  or  anybody  else 
reported,  that  the  Commissioner  of  Indian  Affairs  was  going  to  make  the 
investigation  in  person  and  that  he  was  going  to  the  bottom  of  the  whole 
business. 

Yours  truly, 

MITCHELL  OSHKENANIEW. 


NEOPIT,  Wis.,  Jan.'  7,  1914. 
HON.  EDWARD  E.  AYER, 

Chicago,  111. 
DEAR  SIR: 

In  addition  to  what  I  wrote  to  you  this  day,  I  will  say  that  during  the 
month  of  September  last  Mr.  Webster  Ballinger  wrote  a  letter  in  which 
he  stated  that  the  "Total  loss  to  the  tribe  during  5  years'  operations,  approx 
imately  $1,429,426.43." 

Yours  truly, 

MITCHELL  OSHKENANIEW. 


CHICAGO,  January  8,  1914. 
MR.  MITCHELL  OSHKENANIEW, 

Neopit,  Wisconsin. 
DEAR  SIR: 

I  have  your  letters  and  contents  noted.    Will  you  kindly  let  me  know  who 
Mr.  Webster  Ballinger  wrote  the  letter  to,  mentioned  in  yours  of  January  7th? 
Yours  very  truly, 

EDWARD  E.  AYER. 


91 

NEOPIT,  Wis.,  January  13,  1914. 
HON.  EDWARD  E.  AVER, 

Chicago,  111. 
DEAR  SIR  : 

Mr.  Ballinger  wrote  the  letter  to  me. 
Yours  truly, 

MITCHELL  OSHKENANIEW. 


EXHIBIT  26. 

Report  of  Mr.  Edward  E.  Ayer's  conversation  with  Mr.  D.  F. 
Tyrrell,  attorney,  of  Gillette,  Wisconsin,  December  9th,  1913, 
in  Mr.  Ayer's  Chicago  office,  in  regard  to  the  affairs  of  the  Me- 
nominee  Indian  Reservation. 

Mr.  Tyrrell: 

Mr.  Ayer,  during  the  course  of  the  last  conversation  which  I  had  with 
you  while  at  Neopit  and  just  before  you  left,  you  referred  to  the  critical 
condition  of  the  Menominee  Tribe  due  to  the  great  dissatisfaction  and  the 
feeling  of  unrest  which  prevails  throughout  the  reservation.  If  I  remem 
ber  right  you  referred  to  the  condition  of  the  tribe  as  being  dangerous. 
You  also  made  the  statement  that  you  felt  that  I  had  a  great  influence  with 
the  tribe  and  that,  owing  to  that  influence,  I  was  the  proper  person  to  quiet 
this  feeling  of  dissatisfaction  and  unrest,  that  I  should  inform  the  members 
of  the  tribe  that  conditions  were  all  right  on  the  reservation,  that  the  tribe 
was  making  money  and  urge  the  members  to  turn  their  attention  to  agri 
culture. 

I  answered  you,  at  that  time,  that  I  did  not  consider  the  conditions  on  the 
reservation  all  right,  that  I  did  not  consider  the  tribe  was  making  money, 
but  on  the  contrary  losing  money,  that  I  did  not  consider  it  advisable  to 
urge  the  members  of  the  tribe  to  go  to  farming  until  the  conditions  existing 
on  the  reservation  had  been  corrected  and  means  provided  whereby  they 
would  be  able  to  support  themselves  while  clearing  their  farms  and  to  build 
the  necessary  buildings  and  provide  stock  and  farm  machinery,  and  that, 
even  if  the  necessary  means  were  provided  at  this  time,  the  move  would  not 
be  successful  so  long  as  the  tribe  felt  that  tribal  property  and  funds  were 
being  wasted  through  the  operations  at  Neopit  and  that,  as  an  honest  man 
and  an  attorney,  I  could  not  look  the  members  of  the  tribe  in  the  face  were 
I  to  advise  them  to  lay  down  before  the  rights,  for  which  they  were  striv 
ing,  had  been  attained. 

Your  reference  to  the  influence  which  you  felt  I  had  with  the  tribe, 
coupled  with  the  fact  that  I  realized  as  you  did  the  gravity  of  the  situation 
existing  on  the  reservation  and  the  further  fact  that  I  felt  I  had,  in  a  large 
measure,  the  confidence  of  the  tribe,  and  that  they  were  depending  upon  me, 
locally,  to  safeguard  their  interests  and  advise  them  honestly  and  fearlessly, 
placed  upon  me.  Mr.  Ayer,  a  responsibility  which  I  carried  from  your  pres 
ence  and  which  I  felt  was  paramount  to  any  personal  interest  which  I  might 
have  in  the  premises. 


92 

I  felt  then,  as  I  do  now,  that  the  great  dissatisfaction  existing  throughout 
the  reservation  must  be  checked  and  wiped  out  at  once  or  great  injury  and 
suffering  would  result,  not  only  to  the  tribe  but  also  to  the  individual  mem 
bers  thereof. 

Moved  by  these  considerations,  I  took  up  the  matter  with  some  of  the 
leaders  as  well  as  other  members  of  the  tribe. 

The  result  that  we  arrived  at  the  conclusion  that  this  discontent  and 
dissatisfaction  would  remain  unless  the  conditions  and  circumstances  which 
brought  them  about  were  eliminated. 

We  also  arrived  at  the  conclusion  that  there  was  but  one  of  two  ways 
by  which  the  existing  conditions  could  be  eliminated. 

First.  By  a  thorough  investigation  of  all  tribal  matters.  It  was  sug 
gested,  however,  that  this  investigation  would  undoubtedly  prolong  this  feel 
ing  of  dissatisfaction  and  unrest  for  a  considerable  time,  as  it  would  simply 
lay  the  foundation  for  the  remedial  measures,  which  would,  of  necessity, 
have  to  be  taken  in  order  to  change  the  conditions  existing  and  which  would, 
of  course,  take  time. 

Second.  By  allowing  the  tribe  to  employ  attorneys  through  whom  and  by 
whom  the  conditions  prevailing  upon  the  reservation  could  be  made  known 
to  the  Department  and  the  proper  remedies  applied  by  the  Department,  and 
by  allowing  the  tribe,  through  its  attorneys,  to  sue  for  the  loss  which  it  has 
sustained  through  the  operations  at  Neopit  and  by  the  Department  taking 
the  tribe  into  its  confidence  to  the  extent  of  listening  to  and  investigating 
any  recommendations  that  the  tribe  might  make  with  reference  to  the  men 
placed  over  it. 

It  was  felt  that,  if  this  last  course  be  taken,  it  would  ultimately  attain  all 
the  results  of  an  investigation  but  with  this  in  its  favor,  that  it  would  quickly 
allay  this  excitement  and  dissatisfaction  as  the  members  of  the  tribe  would 
feel  that  their  rights  were  being  safe-guarded  and  that  gradually  and  in  an 
orderly  manner  the  conditions  to  which  they  are  subject  would  be  righted. 

The  conclusion  was  also  reached  that,  unless  this  last  course  was  adopted, 
the  only  other  course  was  an  immediate  and  thorough  investigation  of  tribal 
affairs. 

Mr.  Ayer : 
Q.  Who  are  the  "leaders  of  the  tribe"?    Give  me  their  names. 

Mr.  Tyrrell: 

A.  There  are  a  great  many — I  could  not  give  you  all  the  names.  There  is 
Louis  LaFrambois,  Tom  Prickett,  Adolph  Amour,  Tom  LaBell,  Joe  Long- 
ley,  Joe  Wabeno,  Paul  Tebeau,  Sam  LaFrambois,  Frank  Gauthier,  Mose 
Tucker,  Simon  Beauprey,  George  McCall,  Joe  Law,  Pywaukee,  Wyeskesit, 
and  many  others  whom  I  have  not  space  to  mention,  but  who  enjoy  in  an 
equal  measure  the  confidence  of  the  tribe. 

Mr.  Ayer : 

Q.  What  is  the  nature  of  these  claims  that  the  Indians  have  got:  do  they 
want  to  collect  for  what  was  lost  before  the  mill  was  started,  by  the  wind 
break  and  that  sort  of  thing? 

Mr.  Tyrrell: 

A.  We  have  put  that  out  very  fully  in  our  application  to  the  Department. 
That  is,  the  operations  at  Neopit  have  entailed  a  loss  of  over  $1,000,000, 


93 

including  the  loss  entailed  by  the  blow  down  and  from  the  lumber  operations 
since  the  building  of  the  mill. 

And  then  there  is  a  bill  pending  before  the  Department  for  the  enrollment 
of  a  large  number  of  half  bloods,  and  the  members  of  the  tribe  desire 
every  man  to  become  enrolled  who  can  show  a  legitimate  right  to  be  there, 
but  not  otherwise,  and  they  wish  to  be  protected  against  those  who  have 
no  right. 

Then  there  is  the  claim  which  the  tribe  has  against  the  Government  and 
the  Stockbridge  Indians  for  the  timber  cut  on  what  is  known  as  the  "Two 
Mile  Strip"  as  well  as  many  claims  growing  out  of  tribal  treaties. 

Mr.  Ayer : 

Q.  What  do  you  think  about  the  recommendation  I  am  going  to  make, 
that  the  Indians  take  up  farms?  Don't  you  think  it  is  a  good  one? 

Mr.  Tyrrell: 

A.  I  believe  that,  applying  to  a  large  number  of  the  Indians  on  the 
reservation,  it  is  the  ultimate  solution  of  their  social  welfare.  I  am  also 
convinced,  as  I  have  stated  before,  that  I  do  not  consider  it  advisable  for 
the  Indians  to  undertake  farming  on  the  scale  contemplated  by  you,  until 
the  conditions  now  existing  on  the  reservation  are  remedied  and  also  help 
extended  to  them.  I  firmly  believe  that  if  the  existing  conditions  are  met  as 
I  have  suggested,  a  number  of  the  Indians  would  select  their  farms  and 
begin  next  spring,  providing,  of  course,  that  some  method  was  devised  by 
which  they  could  get  help. 

Mr.  Ayer : 
Q.  Have  you  taken  this  up  with  the  Department? 

Mr.  Tyrrell: 

A.  No.  That  would  really  be  a  matter  that  would  be  outside  the  scope  of 
our  employment,  although,  it  could,  if  desired,  be  made  so;  that  is,  to  make 
suggestions,  etc.,  as  to  the  methods  by  which  help  could  be  extended  to  those 
farming. 

Mr.   Tyrrell: 

If  you  feel  that  you  can  recommend  that  the  tribe  be  allowed  to  employ 
its  counsel  and  allow  them  to  work  out  a  solution  with  the  Department  of 
the  conditions  existing,  which  would  relieve  the  intense  feeling  among  the 
tribe,  and  also  recommend  that  the  Department  as  much  as  possible  take  the 
tribe  into  its  confidence  and  pay  attention  to  and  investigate  the  recommenda 
tions  which  the  tribe  might  consider  proper  to  bring  to  the  attention  of  the 
Department,  with  reference  to  its  employees,  I  feel  that  a  good  step  would 
be  taken. 

Mr.  Ayer : 

Q.  Well,  now,  the  matter  of  expense  is  a  very  important  one.  Now,  what 
would  the  expense  be? 

Mr.  Tyrrell: 

A.  Our  contract  provides  for  $8,000  a  year  for  Mr.  Ballinger  and  myself. 
We  contemplate  a  local  man  near  the  tribe  and  Mr.  Ballinger  in  Washington 
to  attend  to  matters  there,  we  jointly  to  handle  the  litigation  of  the  tribe. 

Mr.  Ayer : 
Q.  Well,  of  course,  you  would  be  the  local  man? 


94 

Mr.  Tyrrell: 

A.  Yes;  I  would  be  the  local  man.  I  feel  that,  while  I  have  their  con 
fidence,  I  have  no  "cinch"  on  the  tribe.  They  are  at  liberty  to  hire  anyone 
they  please. 

Mr.   Ayer : 

Q.  When  I  was  at  Neopit  you  said  you  had  never  received  one  cent  of 
compensation. 

Mr.  Tyrrell: 

A.  Up  to  date  I  have  never  received  one  cent  of  compensation.  About 
three  and  a  half  weeks  ago  I  received  $125.00  which  has  not  been  sufficient 
to  meet  my  expenses  to  Washington,  and  since  that  time. 

Mr.   Ayer : 
Q.  That  came  from  the  tribe? 

Mr.  Tyrrell: 

A.  Yes.  At  the  present  time  I  am  guaranteeing  my  expenses  myself,  and 
if  they  are  not  paid  by  the  tribe  I  have  to  foot  them  myself.  The  tribe  is 
under  no  legal  obligations  to  me  for  any  services  I  have  rendered  them  to 
date,  but  the  conditions  there  have  been  and  are  so  urgent  that  they  require 
immediate  attention,  so  much  so  that  I  could  not  allow  the  lack  of  money 
on  the  part  of  the  tribe  to  keep  me  from  doing  what  I  could  to  see  that 
justice  is  done  them.  Mr.  Ayer,  I  don't  know  whether  your  attention  was 
called  to  the  condition  of  the  pagan  Indians  or  not? 

Mr.   Ayer : 
A.  No,  I  didn't  have  the  time  to  look  into  that. 

Mr.  Tyrrell: 

A.  At  Mr.  Wyeskesit's  request  I  visited  several  families  of  pagan  Indians. 
I  was  able  to  endure  but  three  families :  their  condition  was  so  pitiful  and 
demanded  so  much  relief  that  I  simply  turned  sick  and  I  could  not  continue 
visiting  the  remaining  families  there. 

Mr.  Ayer : 

Q.  You  are  perfectly  satisfied  that  every  opportunity  was  given  you  at 
the  plant  to  present  your  case,  under  the  circumstances? 

Mr.  Tyrrell: 

A.  No.  I  cannot  say  that,  from  the  fact  that  I  could  have  kept  your  men 
there  at  least  two  weeks. 

Mr.  Ayer : 
Q.  That  would  not  have  been  consistent. 

Mr.  Tyrrell: 

A.  But  when  you  consider  that  the  conditions  to  which  we  called  atten 
tion  are  practically  the  prevailing  conditions  over  the  entire  area  of  opera 
tion,  you  can  see  that  we  could  cover  but  a  small  fraction  in  the  few  hours 
that  we  were  out.  I  must  say  that  I  do  not  consider  that  "every  oppor 
tunity"  was  given  me  to  present  our  side  of  the  case.  Far  from  it,  Mr.  Ayer. 

Mr.  Tyrrell : 
Q.  What  would  be  your  position  in  this  matter,  if  I  may  ask? 


95 


Mr.  Ayer : 

A.  I  would  not  recommend  any  attorney  or  attorneys,  because  it  would 
be  a  division  of  authority,  there  would  be  two  different  interests  that  the 
Indians  could  go  to.  Every  time  an  Indian  was  discharged,  or  anything 
else,  he  would  come  to  his  attorney  and  that  would  mean  a  report  to 
Washington  and  the  superintendent  would  make  another ;  and  it  seems  that 
in  any  business  the  more  divided  authority  you  have  the  more  you  are 
liable  to  fail. 

Now,  if  the  United  States  can  have  a  man  that  is  taking  care  of  40,000,000 
feet  of  lumber  a  year  practically,  cutting,  sawing  and  selling,  and  then  have 
charge  of  1,700  people,  sick,  lame  and  lazy,  and  all  for  $3,500.00,  I  certainly 
would  not  recommend  that  they  pay  lawyers  $8,000  a  year  for  presenting 
the  ordinary  business  of  the  tribe  which  the  Government  is  under  obliga 
tions,  through  their  Indian  Department  and  special  agents,  to  attend  to 
themselves.  I  would  not  recommend  anything  of  that  kind. 

Mr.  Tyrrell : 

As  far  as  the  "division  of  authority"  is  concerned,  I  don't  believe  there  is 
any  contract  that  contemplates  any  division  of  authority  and  there  certainly 
would  not  be  any. 

Mr.  Ayer : 

Yet  you  say  that  you  would  present  their  grievances,  etc.  If  you  had  the 
power  and  right  to  go  in  on  the  reservation  and  listen  to  the  complaints 
of  those  who  had  a  grievance.  The  Government  has  its  agent  there  for 
that  purpose  and  I  don't  believe  the  Government  has  any  right  to  permit 
the  Indians  to  spend  any  money  for  attorneys.  If  there  are  individuals 
that  want  to  employ  attorneys  and  they  have  money  to  pay  for  them,  all 
well  and  good. 

Mr.  Tyrrell : 

Now,  if  you  knew  the  number  of  cases  I  have  had  to  attend  to  which 
demand  attention 

Mr.  Ayer : 

You  mean  in  this  tribe?  Then  in  that  case  you  have  been  doing  part  of 
the  duties  of  the  Indian  Agent,  of  course. 

Mr.  Tyrrell : 

No,  not  at  all.  These  are  matters  which  the  Government  should  have 
attended  to,  but  which  the  Government  never  has  and  I  don't  believe  the 
Government  ever  will. 

Mr.  Ayer : 

Am  I  to  consider,  then,  that  you  haven't  any  faith  in  the  Government  ever 
settling  these  claims? 

Mr.  Tyrrell : 

I  have  absolute  faith  in  the  present  officials  at  Washington,  connected  with 
the  Indian  Department.  But  I  don't  believe  that  it  is  possible  for  the  Indian 
Department,  through  its  local  department,  to  obtain  for  the  Indians  that  full 
measure  of  justice  which  an  attorney,  who  is  employed  for  the  tribe  and  paid 
out  of  tribal  funds  would  secure. 


96 

Mr.  Tyrrell : 

In  connection  with  this  "blow  down"  in  the  logging  district,  some  of  the 
members  have  approached  me  and  stated  that  they  felt  the  tribe  would 
desire  the  settlement  of  these  claims,  with  the  exception  of  that  of  Cook, 
upon  the  basis  of  what  was  actually  due  the  contractors  at  the  time  of  the 
closing  of  operations,  with  a  reasonable  per  cent  interest,  providing  we  as 
their  attorneys  would  stand  between  them  and  the  suing  contractors. 

Mr.  Ayer : 
You  think  they  would  save  money  by  having  you  do  that? 

Mr.  Tyrrell : 

Now  understand,  Mr.  Cook,  outside  of  his  own  claim,  has  claims,  I  have 
been  informed,  aggregating  in  the  neighborhood  of  $100,000  if  not  $130,000 — 
I  don't  know.  I  believe  those  claims  could  be  settled  for  an  amount  in  the 
neighborhood  of  $25,000  to  $30,000,  or,  in  other  words,  for  the  amounts  due 
the  contractors  at  the  time  of  the  closing  down  of  operations  with  a  reason 
able  per  cent  interest  Understand,  I  am  not  referring  to  Mr.  Cook's  per 
sonal  claim  in  this  connection  or  at  any  time  with  reference  to  these  claims, 
but  simply  to  those  claims  which,  I  have  been  informed,  Mr.  Cook  has  taken 
to  collect  for  certain  other  contractors,  including  a  number  of  Indians. 

Mr.  Ayer : 

There  were  certain  deductions  made  by  Mr.  Brannif  from  all  the  claims, 
the  reasonable  cost  for  running  the  logs,  as  they  never  were  run.  Then, 
in  addition  to  that  there  were  penalties  for  cutting  green  timber,  etc.,  which 
he  docked  them  for,  too.  Now,  isn't  it  a  fact  that  the  Government  has  con 
sidered  these  deductions  and  if  anything  ever  is  paid  out  it  goes  to  a  few 
white  men.  How  do  you  save  money  for  the  tribe  in  that  way? 

Mr.  Tyrrell : 

Mr.  Cook's  claims  call  for  not  only  the  amount  actually  due,  including 
those  deductions,  but  also  claims  for  damages  for  breach  of  contract,  etc., 
which  bring  it  up  from  $25,000  to  $100,000  and  over.  Now,  if  it  is  considered 
that  these  claims  are  proper  to  be  paid  it  means  that  the  sum  of  $100,000 
will  come  out  of  the  tribal  funds.  Now  if  the  tribe  is  allowed  their  attor 
neys  and  they  can  settle  for  $25,000,  they  are  saving  the  difference  between 
$25,000  and  $100,000. 

Mr.  Ayer : 

I  see.  The  Government  claim  tha.t  they  don't  owe  anything.  Now,  these 
men  who  have  $100,000  damages,  etc.,  you  think  you  could  get  off? 

Mr.  Tyrrell: 

These  Indians  who  have  contracts  and  who  have  certain  amounts  com 
ing  on  those  contracts  and  which  have  been  held  back  have  stated  to  me 
that  they  thought  the  tribe  would  be  willing  to  vote  for  settlement  on  the 
basis  of  what  they  claim  was  actually  due,  with  a  reasonable  per  cent  of 
interest,  providing  we  represented  the  tribe  to  see  that  these  conditions 
were  brought  about  which  I  have  just  outlined. 

Mr.  Ayer : 

Isn't  it  a  fact  that  the  Indian  Department  and  the  Government  claim  that 
they  don't  owe  these  claims?  Isn't  it  a  fact  that  if  they  paid  any  money 


97 

on  those  claims  of  any  name  or  nature  it  would  only  go  to  the  few  loggers 
who  have  those  claims  and  would  come  out  of  the  funds  of  the  Menominee 
Indians? 

Mr.  Tyrrell : 

The  position  I  take  is  that  the  Government  will  have  to  pay  every  dollar 
due  on  these  contracts.  Certainly  it  has  got  to  come  out  of  the  tribal  funds, 
but  they  wpuld  be  willing  to  pay  this  because  there  was  a  chance  that  they 
would  have  to  pay  more  if  they  went  to  law. 

Mr.  Ayer : 

Mr.  Tyrrell,  your  coming  here  to  discuss  these  things  with  me  is  perfectly 
proper. 

Mr.  Tyrrell : 

I  take  it  so. 
Mr.  Ayer : 

And  it  is  just  as  proper  for  me  to  disagree  with  you. 

Mr.  Tyrrell : 

Absolutely.  Mr.  Ayer,  I  have  given  this  matter  a  great  deal  of  time  and 
attention,  through  the  fact  that  I  feel  that  these  conditions  must  be  done 
away  with,  the  tribe  must  be  quieted  and  as  many  as  can  must  be  taught 
farming. 

Mr.  Ayer : 

Yes,  that  is  one  of  the  first  things  I  took  up  with  them. 
Respectfully  submitted. 


EXHIBIT  27. 

Copy  of  Mr.  D.  F.  Tyrrell's  letter  to  Webster  Ballinger,  Wash 
ington,  D.  C.,  which  was  forwarded  to  Mr.  Ayer  by  Mr.  Sells, 
with  letter  dated  December  4th,  1913. 

(Copy) 

Law  Office  of 
D.  F.  TYRRELL 

GILLETTE,  Wis.,  Nov.  24,  1913. 
WEBSTER  BALLINGER, 

Washington,   D.  C. 
MY  DEAR  BALLINGER  : 

Have  just  returned  from  Shawano  where  I  met  a  number  of  Menominee 
Indians.  They  inform  me  that  for  some  time  now  the  officials  have  been 
cleaning  up  around  the  mill  yard  and  in  the  woods. 

In  the  yard  they  have  been  cleaning  up  and  piling  all  pieces  of  lumber  that 
they  had  allowed  to  be  scattered  around  and  have  covered  up  other  lumber 


98 

with  refuse  and  ground  up  wood  from  the  "hog"  in  order  to  get  it  out  of 
sight. 

In  the  woods  they  have  commenced  to  dray  in  the  logs  that  they  had 
left  to  spoil  and  to  deck  up  other  logs  that  they  cannot  dray  in  now. 

In  other  words,  they  are  "slicking  up"  for  some  reason  and  to  my  mind  it 
looks  as  though  it  was  in  contemplation  of  a  "visitor." 

The  Indians  tell  me  that  this  cleaning  up  had  never  been  done  before,  so 
it  looks  as  though  something  has  been  "tipped  off"  to  the  officials  here.  This 
is  an  additional  reason  why  I  should  be  allowed  to  point  out  these  things. 

This  information  should  be  brought  to  the  attention  of  Mr.  Sells  at  once 
so  that  he  will  know  just  what  the  conditions  are  here.  I  am  writing  this 
at  11.00  P.  M.  at  night  so  that  it  will  go  on  early  morning  train  and  reach 
you  as  early  as  possible.  One  Indian  informed  me  that  he  had  been  dis 
charged  because  he  had  objected  to  their  covering  up  a  large  number  of 
pieces  of  two-inch  hemlock  plank. 

Be  sure  to  bring  this  matter  to  the  attention  of  Commissioner  Sells  with 
out  delay. 

Yours  in  haste, 

(Signed)     D.  F.  TYRRELL. 

MY  DEAR  MR.  AYER: 

Herewith  find  copy  of  a  letter  which  may  be  of  interest  to  you.    The  letter 
has  just  reached  me  and  I  am  sending  same  to  you  at  my  first  opportunity, 
that  you  may  have  the  benefit  of  its  contents. 
Sincerely  yours, 

CATO  SELLS, 

Commissioner. 
HON.  E.  E.  AYER, 

Care  Menominee  Mills. 


EXHIBIT  27 A. 

Copy  of  Mr.  D.  F.  Tyrrell's  letter  to  Mr.  Ayer,  dated  January 
27,  1914. 

Law  Office  of  D.  F.  Tyrell. 

GILLETTE,  Wis.,  January  27,  1914. 

MR.  EDWARD  E.  AYER, 

Chicago,  111. 
DEAR  SIR  : 

In  looking  over  my  correspondence  I  find  that  a  letter  from  you,  con 
taining  the  following  inquiry,  is  unanswered. 

"You  mentioned  several  times,  at  Neopit,  that  you  thought  there  was 
plenty  of  Indians  there  perfectly  capable  of  running  logging  camps  and  to 
take  almost  any  position  around  the  plant  or  in  the  woods.  Would  you  be 
kind  enough  to  give  me  the  name  of  those  you  think  would  be  capable  of 


99 

that  kind  of  work?     I  certainly  agree  with  you  that  wherever  possible  such 
Indians  should  be  worked  in  as  good  places  as  they  can  fill." 

With  reference  to  your  inquiry,  I  desire  to  reiterate  that  there  are  plenty 
of  Indians  perfectly  capable  of  running  logging  camps  and  of  filling  many 
positions  now  held  by  white  men  on  the  reservation.  I  would  not  attempt 
to  name  these  men  for  they  are  well  known  to  Superintendent  Nicholson  and 
you  could  very  easily  have  ascertained  the  truth  of  my  statement  by  a  little 
inquiry  while  upon  the  reservation. 
Very  truly, 

D.  F.  TYRRELL. 


EXHIBIT  28. 

Report  of  Mr.  Edward  E.  Ayer's  interview  with  Mrs.  Myrtle 
W.  Marble,  Field  Matron,  Keshena  Indian  School,  Keshena, 
Wisconsin,  regarding  her  work  on  the  Menominee  Reservation. 

Mr.  Ayer: 

Q.  How  long  have  you  been  in  the  work  and  do  you  notice  any  improve 
ment  following  your  labors? 

Mrs.  Marble : 

A.  Approximately  six  months  on  this  reservation.  Much  of  my  time  has 
been  consumed  in  getting  thoroughly  acquainted  with  the  Indians,  especially 
the  women,  acquiring  their  good  will  and  confidence,  and  learning  of  the 
actual  conditions  in  the  homes.  I  have  found  but  two  women  openly  hostile 
toward  me  on  my  first  visit,  but  these  have  been  won  over  and  now  welcome 
me  into  their  homes.  One  of  these  so  far  forgot  her  antagonism  as  to  come 
and  see  me  when  she  came  to  the  agency.  Both  are  among  my  very  best 
friends  on  the  reservation.  The  women  generally  have  taken  kindly  to  my 
suggestions  and  it  is  a  daily  occurrence  to  have  them  call  on  me  for  advice 
or  assistance  during  sickness,  trouble,  domestic  or  otherwise. 


Mr.  Ayer: 

Q.  How  many  homes  do  you  try  to  visit? 


Mrs.  Marble : 

A.  About  one  hundred  within  a  radius  of  eight  miles  of  Keshena,  the 
agency,  and  my  home.  Occasionally  I  make  trips  into  more  remote  sections, 
but  not  regularly. 

Q.  What  percentage  of  these  Indians  are  pagans? 

A.  Probably  two  hundred  or  thereabouts  in  the  entire  tribe,  but  less  than 
half  of  these  are  in  my  immediate  vicinity.  While  not  so  ready  to  under 
stand  and  profit  by  the  instruction  given,  the  pagans  are  fully  as  friendly, 
welcoming  and  expressing  appreciation  of  whatever  kindness  shown  them. 

Q.  How  often  do  you  drive  out  into  the  reservation? 

A.  Every  day,  unless  the  weather  is  extremely  bad,  with  the  exception  of 
Saturdays  and  court  and  council  days,  I  try  to  drive  to  some  home.  Some 
times  this  is  not  possible  owing  to  the  fact  that  I  have  no  team  for  my 


100 

exclusive  use.  When  no  team  is  available,  I  walk  to  the  homes  at  and  near 
Keshena,  making  periodical  trips  to  the  Menominee  hospital.  Saturdays  and 
stormy  days  I  devote  to  keeping  up  a  record  of  my  work  and  answering  the 
demands  of  the  older  people  who  come  every  alternate  Saturday — ration  day. 

Q.  What  do  you  teach? 

A.  Everything  which  I  think  will  aid  them  in  making  their  homes  better 
and  more  healthful.  I  touch  on  ventilation,  sanitation,  disposal  of  garbage, 
cleaning  yards,  screening  windows  and  doors,  cooking,  nursing  and  cleanli 
ness  of  person  and  house.  I  urge  the  women  to  be  more  systematic  in  their 
work,  although  there  are  many  very  good  housekeepers  among  the  Menomi 
nee  women,  and  encourage  them  in  the  practice  of  their  native  arts — basketry, 
buckskin  and  bead  work,  rug  making,  etc. — and  endeavor,  so  far  as  possible, 
to  find  them  customers  for  their  finished  products.  In  this  connection  I  am 
contemplating  the  establishment  of  a  sort  of  small  exchange  where  those  who 
wish  can  exhibit  their  handiwork,  with  prices  displayed,  and  thus  procure 
customers  which  would  not  be  possible  if  the  work  were  kept  at  their  homes 
until  called  for. 

Mr.  Ayer: 
Q.  What  do  you  do  for  the  children? 

Mrs.  Marble : 

A.  First  of  all,  if  health  and  age  permits,  I  seek  to  get  them  into  school, 
if  they  are  not  already  regularly  attending.  In  case  parent  or  child  objects, 
I  try  to  overcome  their  objection  by  showing  the  benefits  of  education.  Fail 
ing  in  this,  the  matter  is  reported  to  the  office  at  Keshena,  with  all  the  facts 
obtainable  and  the  task  of  getting  the  child  into  school,  or  hospital  if  health 
requires,  is  taken  off  my  hands.  I  have  found  few  cases,  however,  where 
the  parents  were  unwilling  to  listen  to  reason,  and  a  friendly  feeling  exists 
toward  all  schools. 

Q.  What  action  do  you  take  when  you  discover  contagious  or  infectious 
diseases? 

A.  In  cases  of  grown  persons  the  matter  is  reported  to  the  agency  phy 
sician,  who  calls  immediately  if  not  already  familiar  with  the  case.  Where 
children  are  concerned,  they  are  induced,  if  possible,  to  go  at  once  to  the 
hospital  where  examination  is  made  for  tubercular  symptoms  with  a  view  to 
getting  the  incipient  cases  into  sanatoriums  for  systematic  treatment.  Where 
trachoma  and  other  diseases  are  found  the  agency  physician  handles  the  case. 
I  have  personally  conducted  a  class  of  six  tubercular  pupils  to  the  sanitorium 
at  Fort  Lapwai,  Idaho,  and  the  reports  brought  back  from  that  institution 
make  other  parents  more  ready  to  send  their  children  away  from  this  damp 
climate  for  treatment. 

Q.  What  do  you  do  for  the  cases  which  remain  at  home? 

A.  Give  all  possible  instruction  and  care  to  prevent  the  communication  of 
the  disease  to  other  members  of  the  family.  Urge  other  occupants  to  stop 
indiscriminate  expectoration,  the  use  of  suitable  sputum  receptacles  and  the 
burning  of  the  same,  the  extermination  of  the  bed  bug  as  one  means  of  pre 
venting  the  spread  of  disease.  I  have  personally  applied  and  distributed 
considerable  quantities  of  bed  bug  exterminator  and  found  much  satisfac 
tion  followed  its  use. 

Q.  So  far  as  you  have  gone,  what  dp  you  consider  the  greatest  need  in 
the  homes? 


101 

A  I  would  say  that  the  installation  of  screens  on  doors  and  windows,  if 
properly  used,  would  accomplish  the  greatest  good  to  the  greatest  number. 
I  find  it  impossible,  however,  to  secure  this  simple  improvement,  especially 
among  the  aged  and  infirm  Indians,  for  the  reason  that  they  have  no  means 
of  purchasing  the  necessary  material  and  are  unable  to  do  the  work  per 
sonally.  Outside  a  little  output  of  bead  and  other  handwork,  these  people 
have  no  means  of  earning  money,  and  such  annuities  as  they  may  receive 
are  required  for  their  subsistence. 

I  shall  suggest  to  the  office  that  a  special  effort  be  made  to  issue  the  neces 
sary  lumber  and  wire  screen  to  these  people  who  are  unable  to  buy,  when  in 
the  judgment  of  the  superintendent,  physician  or  field  matron,  proper  use 
will  be  made  of  such  materials.  There  are  sufficient  tribal  funds  to  take 
care  of  matters  of  this  kind  and  the  aged  and  infirm  ones  are  to  receive 
little  benefit  from  this  fund  unless  a  portion  of  it  is  expended  for  such 
protection  to  health  as  herein  indicated.  Many  of  the  most  needy  and  deserv 
ing  ones — especially  among  the  full  bloods — will  not;  make- their  owrv  wants 
known  and  too  often  their  necessities  remain  unsatisfied-'  until  tho%e  in 
authority  accidently  discover  conditions  and  ayply  -relief.*  >»-,•> ,  -. .,  -,  ,  ,  , 

Mr.  Ayer: 
Q.  As  a  tribe,  what  do  these  people  need? 

Mrs.  Marble: 

A.  To  be  taught  to  live  together  more  harmoniously  and  with  less  of 
jealousies  and  fault-finding  among  themselves.  They  are,  as  a  people,  quite 
good  to  their  children  and  to  the  children  of  others,  but  slow  in  helping  each 
other  in  sickness  and  need.  Very  often  they  are  willing,  but  lack  leadership ; 
therefore  do  little.  I  have  made  special  effort  along  this  line  and  have  found 
many  of  the  people  quite  ready  to  assist  as  soon  as  they  understand  what 
to  do.  The  tribe  also  needs  some  good  wholesome  instruction  on  the  mar 
riage  relation,  which  is  not  held  in  as  high  esteem  as  it  should  be,  although 
from  reports  conditions  are  much  better  than  formerly.  The  parents  also 
often  permit  their  children  to  marry  at  a  very  early  age  and  the  sending  of 
the  larger  girls  away  to  non-reservation  schools  seems  to  be  absolutely 
necessary  to  prevent  their  marriage  before  womanhood  is  reached. 

Q.  What  do  you  think  of  the  establishment  of  a  girl's  cottage  home,  where 
every-day  housekeeping  could  be  taught  in  a  general  way. 

A.  This  is  an  idea  I  have  already  proposed  to  the  agent.  In  the  average 
Government  or  mission  school,  where  girls  are  taught  to  work  with  modern 
equipment  in  all  departments,  they  complete  their  education  and  leave  abso 
lutely  without  knowledge  of  the  things  actually  required  in  the  homes  to 
which  they  are  most  likely  to  be  called.  Of  what  benefit  is  it  for  a  girl  to 
know  how  to  operate  a  bread-making  machine  or  a  steam  mangle,  when  she 
is  confronted  at  home  by  the  simple  bread  pan  and  the  rusty  flatiron? 

I  am  not  disparaging  the  usual  method  of  education,  but  think  the  average 
Indian  girl  would  be  able  to  do  more  toward  civilizing  her  people  if  she  were 
taught  to  make  the  best  possible  use  of  the  appliances  and  furniture  at  hand 
in  the  average  home,  rather  than  to  pursue  the  higher  education  when  it  will 
not  be  required  later.  It  is  impossible  to  make  farmers  out  of  all  the  Indians, 
so  it  is  difficult  to  make  finished  domestic  science  graduates  out  of  all  the 
girls. 


102 
EXHIBIT  29. 

Report  of  Mr.  Edward  E.  Ayer's  correspondence  with  Mr. 
A.  S.  Nicholson,  Superintendent  of  the  Menominee  Indian  Mills, 
at  Neopit,  Wisconsin,  arranged  in  the  form  of  questions  by  Mr. 
Ayer  and  answers  by  Mr.  Nicholson,  dated  between  the  3d  and 
15th  of  December,  1913. 

Q.  You  are  the  Manager  and  Agent  of  the  Menominee  Indian  Reserva 
tion,  are  you  not? 

A.  I  am  Superintendent  of  the  Menominee  Indian  Reservation  in  general 
charge  of  Indians,  schools  and  the  Neopit  Lumber  Operation,  subject  to  the 
instructions  of  the  Commissioner  of  Indian  Affairs,  Washington,  D.  C. 

Q.  I  find  a  good  deal  of  complaint  about  your  management  here  by  a 
portion  of  you/  cbargV-,  la  a  general  way  please  tell  me  why  these  men  that 
are  dissatisfied  are  not  at  work. 

>.',  A.  .The,  _  complaint  en/ part  of  certain  Indians  against  my  management  is 
not  a  fair  one.  The  sentiment  shown  is  purely  manufactured,  based  on  no 
reasonable  shadow  of  substance.  It  is  purely  the  effort  of  the  dissatisfied 
and  those  whom  I  have  been  compelled  to  discipline  in  my  capacity  as  ad 
ministrator  of  law  and  regulation  and  teacher.  It  is  simply  the  effort  of  the 
few  unprincipled  faction  leaders.  Seizing  upon  every  pretext,  twisting 
everything  that  will  suit  their  purpose,  manufacturing  false  evidence,  preach 
ing  waste  of  Indian  money,  not  borne  out  by  the  record.  Distorting  every 
conceivable  kind  of  thing  to  gain  their  ends  in  order  to  influence  and  poison 
the  minds  of  their  simpler  fellow  Indian.  It  is  openly  charged  I  spend  the 
Indian  money  as  I  see  fit,  while  as  a  matter  of  fact  I  cannot  spend  one  cent 
without  previous  authority  of  the  office  for  which  purpose  and  strong  justi 
fication  must  be  shown  and  account  by  sworn  voucher  in  turn  for  every  cent 
for  which  I  am  bonded  to  the  Government  for  $100,000.00. 

To  understand  better,  the  Indians  are  told  on  failure  or  delay  in  payment 
of  annuity  that  their  money  is  all  gone,  that  I  spent  it.  As  a  matter  of  fact 
their  interest  money  amounts  to  about  $80,000  yearly,  which,  under  the  law, 
the  Secretary  of  the  Interior  alone  is  authorized  to  expend  for  the  best  inter 
ests  of  the  Indian.  The  expenses  of  agency  and  Government  schools  is  about 
$50,000  per  annum.  This  includes  salaries,  supplies,  rations  and  clothing, 
support  of  hospital  and  employees,  road  improvement  and  such  general 
expenses  as  repairs,  etc.  The  Indian  grets  considerable  part  of  this  in  shape 
of  wages.  There  is  $18,000.00  expended  on  contract  mission  school  facili 
ties.  The  Secretary  is  authorized,  if  he  sees  fit,  to  distribute  the  balance  in 
shape  of  annuity.  They  received  such  only  for  past  6  years  out  of  accumu 
lated  interest  at  rate  of  $30.00  per  head,  men,  women  and  children.  The 
tribe  first  logged  in  1880.  It  took  them  30  years  to  roll  up  the  sum  of  little 
over  two  million  dollars.  One  million  dollars  is  invested  in  this  town  and 
plant  as  a  combined  educational  and  business  proposition.  When  I  came 
here  the  tribe  had  in  the  Menominee  Log  Fund,  June  30,  1910,  $1,296,558.82. 
I  took  hold  October  1st,  1910,  taking  place  of  former  manager.  Each  year 
since  has  seen  progress.  The  first  year  was  a  stupendous  task  on  part  of 
every  one  to  shut  out  loss.  Remember  I  had  to  sell  a  product  manufactured 
before  I  took  hold,  costing  more  than  it  would  bring  in  market.  Notwith- 


103 

.-, 

standing  this  the  figures  of  the  books  of  the  Treasury  Department,  Wash 
ington,  D.  C.,  show  this  fund  to  have  on  date  of  June  30,  1913,  reached 
$1,737,550.67,  a  net  result  benefiting  the  tribe  $440,991.85;  at  this  rate  their 
original  fund  will  be  duplicated  under  ten  years. 

Copies  of  the  official  letter  showing  these  figures  were  placed  in  the  hands 
of  the  tribe  and  the  perfectly  unscrupulous  persons  interested  immediately 
preached  to  the  Indians  that  figures  were  not  true,  that  books  were  doctored, 
etc.  Every  appeal  to  passion,  prejudice,  argument  is  used  in  secret  to  acquire 
following.  It  is  pointed  out  that  whites  have  all  the  good  jobs  and  Indians 
all  the  poorer  ones.  They  are  told  they  are  competent  to  perform  the  work. 
etc.  In  addition  to  this  certain  powerful  interests  outside  who  have  always 
been  opposed  to  this  plant  add  fuel  to  the  flame  by  misrepresentation  to 
the  Indians,  having,  I  am  almost  certain,  Indians  here  in  their  employ. 
Again,  there  is  the  liquor  and  traders'  interests  whom  I  have  to  combat, 
punish  in  first  instance,  and  discountenance  Indians  going  into  debt  in 
second  case.  They  preach  against  the  agent  in  charge,  saying  he  is  the 
one  responsible  for  lack  of  money  to  spend.  How  powerfully  the  Indian 
takes  this  can  be  easily  seen  when  he  goes  in  a  store  to  get  a  line  of  credit. 
The  records  of  the  men  interested  are  and  have  been  records  long  before 
I  took  charge.  In  fact,  to  curb  them  was  one  of  the  reasons  I  was  sent 
out  here.  Without  going  back,  let  me  give  you  a  short  record  of  a  number 
who  talked  with  you.  Records  in  black  and  white  of  this  office. 

THOMAS  PRICKETT.  Part  blood.  Indian  blood,  very  little.  Member 
of  tribe  since  1911.  No  visible  means  of  support,  yet  dresses  fairly  well. 
Travels  to  and  from  town.  Spends  railroad  fare,  pays  hotel  bills  and 
gambles.  Was  on  our  payroll  prior  to  June,  1911,  in  capacity  of  warehouse 
helper.  Has  not  worked  since.  This  was  right  after  he  became  member 
of  tribe.  Was  insurance  agent  and  collected — defaulted  in  making  pay 
ments  to  company  as  per  their  letter  on  file  and  records  showing  payment 
by  Indians  to  him  and  failure  to  remit  the  company,  causing  cancellation 
and  consequent  loss  to  the  Indians.  Record  of  Indian  Court  shows  bor 
rowed  money  from  Indian  women,  promising  repayment  and  failed  to  do 
so.  Record  of  Indian  tribal  councils  shows  attempt  at  assaults  on  Indian 
women.  Father  of  children  not  through  marriage.  Refused  to  live  up  to 
promise  of  marriage.  Has  never  applied  for  work  since,  although  oppor 
tunity  always  open. 

FRANK  S.  GAUTHIER.  Employed  as  trespass  agent  at  $900.00  per 
annum  in  1910,  performed  no  work.  Removed.  Employed  as  clerk  Keshena 
Indian  Agency  $720.00  per  year.  Stole  liquor  from  vault  placed  there  as 
evidences  in  liquor  cases.  Drunk  many  times.  Warned,  took  pledge,  vio 
lated  it  immediately.  Guilty  of  secretly  formulating  charges,  false,  against 
employees  whom  he  disliked  because  of  having  to  report  him.  Dismissed. 
Employed  as  warehouse  clerk.  Duties,  billing  supplies  and  shipping.  Care 
less,  made  many  mistakes  which  might  have  proved  costly,  resigned.  Indicted 
by  U.  S.  Grand  Jury  for  introduction  of  liquor  on  the  reserve  and  only  this 
summer  trying  to  induce  his  own  son  and  another  boy  just  home  from 
school  to  drink  intoxicating  liquors.  Guilty  of  supplying  liquor  to  other 
Indians  for  past  years ;  not  working.  No  visible  means  of  support. 
Dresses  well ;  always  has  money.  Travels  much  to  outside  towns,  paying 
railroad  fare,  hotel  bills;  even  trips  to  Washington,  Milwaukee,  Ashland 
and  other  places. 


104 

MITCHELL  OSHKENANIEW.  Tribal  resolution  on  record  prohibiting 
him  from,  ever  representing  the  tribe  in  any  capacity  due  to  past  misdeeds. 
Employed  as  a  check  timekeeper  on  late  men  and  those  going  out  before  time 
at  mill.  Found  not  to  be  on  post.  Many  mistakes  made  in  time  book  of 
which  he  had  control.  Guilty  of  making  charges  against  employees  from 
manufactured  evidence  known  to  be  false.  Does  not  pay  debts.  Left  employ 
of  mills  of  own  accord  in  February,  1912.  Has  not  worked  since.  Lives 
and  dresses  well.  Takes  trips ;  apparently  has  money.  No  visible  means  of 
support.  Known  to  be  addicted  to  use  of  liquor.  In  beastly  condition  while 
on  trip  to  Washington.  Has  drunk  liquor  since  here  on  reserve  with  other 
Indians.  Perfectly  unscrupulous.  Secretly  stirring  up  race  prejudice  at  all 
times.  Has  not  applied  for  work  since  until  last  month  after  a  talk  with 
me  in  reference  to  Indian  Office  letter  to  discipline  him  on  account  of  failure 
to  live  up  to  contract. 

CHARLES  CHICKENEY.  Employed  as  forest  guard,  $720.00  yearly. 
Dismissed  after  many  overlookings  on  account  of  drunkenness.  Have  letter 
in  my  file  complimenting  me  in  treatment  of  him.  Employed  now  in  yard 
as  sub-foreman  shipping.  Careless  in  work.  Has  to  be  continually  watched. 

SIMON  BEAUPREY.  Employed  $720.00  yearly.  Dismissed  account 
habitual  drunkenness.  Supplying  liquor  to  Indians.  Guilty  of  failure  to 
perform  duty  assigned.  In  case  where  he  was  to  actually  scale  timber  being 
shipped,  he  copies  from  books  of  purchasers.  Then  spreading  story  of 
shortage  in  scale,  charging  collusion  of  operation  officials.  Has  not  worked 
for  some  months.  Evidently  has  plenty  spending  money,  as  he  goes  about 
1  same  as  others. 

SAM  LAFRAMBOIS.  Works  fairly  well  when  he  finds  congenial  em 
ployment.  This  is  usually  when  gasoline  loaders  are  working.  No  sense 
of  responsibility.  Was  in  charge  of  loader  only  short  time  ago.  Same  was 
being  moved.  He  forgot  to  have  the  guy  line  removed,  result :  one  man 
killed  instantly,  three  other  lives  endangered. 

JOE  LONGLEY.  Rarely  on  our  pay  rolls.  Plenty  of  work  for  him. 
Lives  well ;  no  visible  means  of  support.  Guilty  of  drunkenness  and  intro 
duction  of  liquor  on  the  reserve.  Took  a  bark  contract  job  a  short  time  ago. 
Bark  in  woods  found  to  be  so  piled  as  to  have  hollow  spaces  inside ;  as  he 
was  paid  by  cord  evident  intention  to  beat  the  sealer,  which  was  done. 
Walks  around  criticising  everything,  but  producer  of  nothing  himself.  Had 
a  job  on  tie  making.  Utterly  failed  to  live  up  to  specifications.  Had  to 
cancel  contract ;  lost  money. 

MOSE  TUCKER.  Farmer  at  Kes»hena.  Takes  jobs  here  in  winter.  Has 
logged.  Loaded  out  bark  on  contract.  Never  yet  has  he  come  out  even. 
Exercises  no  executive  ability  over  work.  Lets  supplies  go  out  of  camp 
without  charge  to  his  men.  Struggles  in  a  way,  but  likes  the  easy  route. 
Somewhat  inclined  to  follow  prevailing  sentiment  rather  than  lead.  Inclined 
to  get  into  debt  in  spite  of  supervision.  Does  not  like  to  be  cautioned. 
May  be  considered  as  trying  to  better  himself. 

PAUL  TEBEAU.  Mixed  blood.  New  member  of  tribe.  Has  been 
foreman  of  timber  makers.  Supposed  to  scale  and  keep  time.  Failed  utterly. 
Found  him  taking  record  as  furnished  by  the  purchasers  of  timbers.  Em 
ployed  as  foreman  of  brush  burning  crew.  Careless.  Let  fire  get  away 
from  him,  then  tried  to  cover  up  by  spreading  story  operation  deliberately  set 
fire  to  pile  logs.  Nearly  a  costly  venture  for  us.  Had  contract  to  complete 
cut  of  old  Camp  12,  taking  small  bodies  timber  left  there;  failed  to  complete 


105 

job.  Claims  could  not  secure  labor.  Yet  aspires  to  foremanship.  Indians 
will  not  work  for  him.  Responsible  for  story  of  waste  at  old  Camp  12 
site,  when  as  a  matter  of  fact  he  left  himself  the  stuff  he  was  to  take  in 
as  per  contract.  Critic  in  everything.  Tried  and  found  wanting  in  every 
test  given. 

TOM  LABELL.  Farmer,  hotel  keeper,  jobber.  Addicted  to  use  of 
liquor,  gambles,  aspires  to  be  a  leader.  A  part  blood.  Failure  as  logging 
contractor.  Does  not  work  except  at  times.  Uneducated,  talks  much.  Took 
logging  job  last  winter,  had  to  be  carefully  watched  on  supply  bill  or  would 
run  behind,  careless  as  to  detail.  His  excesses  of  past  unfit  him  for  hard 
work.  No  morals. 

ADOLPH  AMOUR.  Pond  foreman.  Works  fairly  well.  Aspires  to 
better  job.  Uneducated.  Careless  on  details  and  property  in  charge. 
Addicted  to  use  of  liquor.  Wastes  his  earnings.  Jobber.  Never  made  good, 
ran  far  behind,  possesses  no  executive  ability,  cannot  handle  men,  no  sense 
of  responsibility.  Did  not  think  it  anything  out  of  way  that  he  caused  a 
loss  of  several  hundred  dollars,  but  if  saw  white  man  absent  from  post  5 
minutes  would  point  it  out  as  stealing  time.  Has  been  often  away  from  his 
post  minutes  and  hours ;  thinks  it  all  right  to  put  in  time  and  draw  pay. 

GEORGE  McCALL.  Now  camp  foreman.  A  logger  in  a  way  if  con 
tinually  supervised.  Cost  of  his  camp  greatest  on  the  works.  No  business 
head.  Have  to  continually  drive  him.  For  instance,  was  formerly  foreman 
our  Camp  5.  Cost  of  feeding  teams  showed  very  excessive.  Investigation 
showed  men  going  to  town,  liquoring  up  and  returning  with  a  team  and 
driver.  Paid  by  bag  of  oats  or  bale  of  hay  out  of  barn.  That  was  reason  of 
high  cost.  He  neither  reported  liquor  trespass  nor  could  he  account  for  high 
costs,  although  something  was  wrong.  Could  see  no  wrong  in  entertaining 
friends  or  visiting  teams  at  expense  of  operation.  Let  him  out  and  am  now 
trying  him  again,  although  he  has  to  be  continually  watched. 

FRANK  KESHENA.  Had  been  assistant  time  clerk.  Made  mistakes. 
Used  liquor  considerably.  Liked  to  go  to  town  frequently.  Dismissed  for 
inattention  to  duties.  Given  a  chance  again  as  camp  property  clerk.  Duty 
to  check  up  wagon  account.  Knew  a  clerk  was  short,  did  not  report  because 
was  an  Indian.  Property  clerk ;  another  Indian  reported  he  was  of  no  use 
at  all,  let  him  out.  Gave  him  another  chance  as  clerk  and  sealer  on  jobbers, 
because  Indian  jobbers  he  evidently  allowed  more  than  full  scale  in  instances. 
Scaled  twice,  in  bark  jobs  when  bark  shipped  out  actual  measure  much 
less  than  his  scale  turned  in.  In  count  and  inspection  of  posts  careless. 
Jobbers  would  have  been  overpaid,  only  that  a  double  check  found  his  short 
comings.  Likes  easy  job  and  good  pay.  When  errors  found  by  him  not 
reported  to  office,  but  told  Indians,  making  a  story  plausible  as  if  fraud  was 
intended. 

CHARLES  DUQUAINE.  Part  blood.  Indian  very  little.  Camp  clerk. 
In  town  every  evening  until  late  at  night.  Gambled.  Caught  stealing  money 
and  property  of  operation.  So  far  has  not  made  good.  Utterly  immoral. 
Made  no  effort  at  going  to  work  since  dismissed  from  former  job.  Careless 
at  work.  Scale  not  to  be  depended  on. 

CHARLES  FRECHETTE.  Mixed  blood.  New  member  of  tribe.  Has 
been  camp  foreman.  Cost  was  highest  of  operation.  Aspires  to  superin- 
tendency,  although  not  fitted ;  no  business  ability.  Critic  of  superiors,  not 
always  following  instructions.  Follower  of  Frank  Gauthier,  instrument  in 
his  hands  in  spreading  talk  and  creating  dissension.  Works  fairly  well, 


106 

that  is,  steadily,  now  foreman  of  pond  crew.  Cost  of  this  work  some  cents 
per  M  higher  than  it  should  be.  Has  not  the  knack  of  getting  work  out  of 
men. 

PETER  LAMOTTE.  Chief  of  Police.  Inclined  to  exercise  authority  at 
inopportune  times,  saying  he  was  so  ordered.  Again  fails  to  call  my  atten 
tion  to  cases  wherein  friends  of  his  are  concerned.  Has  been  logging 
jobber,  failed.  Likes  to  mingle  in  town  gossip  too  much.  Not  independent, 
inclined  to  follow  rather  than  lead.  Likes  to  liquor  up.  No  sense  of  re 
sponsibility;  fails  to  set  example  to  his  Indian  brothers.  One  of  those  who 
preach  tribe  money  is  being  wasted  because  the  interest  money  is  not  handed 
over  to  them.  Gambles.  Will  not  do  real  work.  Prefers  easy  job. 

LOUIS  KAQUATOSH.  Works  at  odd  times ;  likes  to  liquor  up.  Wants 
easy  money.  Has  been  given  jobs  tie  making.  Logging,  failed  utterly  in 
each.  Runs  into  debt.  Rarely  pays  bills ;  says  he  is  going  to  some  time. 
Owes  mills.  Trades  with  every  one  where  he  can  get  a  cent  credit.  Plenty 
of  work,  but  does  not  like  the  steady  grind  of  real  work.  Drives  round 
considerably. 

REGINALD  OSHKOSH.  Was  employment  agent,  $900.00.  Performed 
no  work.  Dismissed.  Liked  to  liquor  up.  For  a  long  period  stirred  up 
trouble  in  order  to  get  easy  job  and  good  pay  when  he  could  have  time  to 
look  after  tribal  interest,  as  he  put  it.  Finally  made  up  his  mind  to  go  to 
work ;  is  now  foreman  of  small  crew.  Does  not  think  it  wrong  to  take 
time  off.  Is  progressing  and  all  in  all  is  better  leader  for  Indian  good  than 
any  of  other  so-called  leaders.  Is  hereditary  chief  of  tribe.  As  such,  thinks 
he  should  be  superintendent.  In  fact  has  a  scheme  whereby  certain  leaders 
should  be  made  superintendent  in  charge  of  mill,  logging  superintendent,  etc., 
and  then  white  men  hired  to  do  the  work. 

LOUIS  LAFRAMBOIS.  Part  blood.  New  member  of  tribe.  EnV 
ployed  as  pond  man.  Wanted  to  be  fireman  in  mill.  Weighs  250  Ibs.  When 
it  was  pointed  out  that  firemen  have  to  clean  boilers  and  it  was  a  physical 
impossibility  for  him  to  do  this  work  he  thought  the  mill  superintendent 
might  do  this.  Sulky,  complains  he  should  have  better  job.  Several  chances 
given  him  to  show  capability  but  did  not  like  the  steady  grind.  Claims  able 
to  make  $3.00  to  $3.50  a  day  outside,  but  stays  here  at  $2.00  a  day.  Owes 
many  bills,  poor  pay.  Continually  in  mix  up  in  towns ;  social  relations.  Says 
is  citizen;  advises  Indians  to  resist  discipline.  Only  just  before  your  ar 
rival  here  was  one  of  party  arrested  coming  from  town  drunk  as  a  lord.  He 
had  the  money — admitted  buying  liquor  but  refused  to  tell  who  supplied 
same.  Busy  always  in  fomenting  trouble.  Not  inclined  to  steady  employ 
ment.  Criticises  but  does  not  realize  the  value  of  applied  industry.  Wastes 
his  earnings.  Responsible  in  part  for  stories  to  Indians, — books  of  mills 
doctored  and  that  funds  are  spent  and  wasted. 

JOE  LAW.  Does  not  work.  No  visible  means  of  support.  Gambling 
seemingly  his  only  industry ;  continually  driving  around.  Lately  seems  to 
take  some  interest  as  member  of  Indian  Fair  Association. 

These  are  only  a  few  that  I  quote.  I  could  go  on  with  record  of  sixty  or 
more.  In  most  part  misled  and  misinformed  but  willing  to  believe  in  hopes 
of  a  change  whereby  they  would  not  be  continually  prodded  to  start  straight. 
All  would  like  a  good  job  at  good  pay, — easy  work,  etc.,  but  none  display 
intentions  by  industry  to  earn  promotion.  They  have  no  sense  of  respon 
sibility.  Do  not  see  wrong  on  their  part,  but  find  it  readily  on  part  of 


107 

others.  I  have  found  Indians  taking  hay  and  feed  from  barns.  They  did 
not  call  it  stealing  on  their  part ;  sort  of  figured  they  had  a  right  to  it.  I 
have  placed  Indians  in  charge  of  property  and  they  could  see  no  reason  in 
having  to  account  for  it.  Some  one  took  it. 

I  have  had  Indian  clerks  deliberately  make  mistakes  for  instance  in  sup 
plies,  charge  white  employees  one  price  for  supplies  and  Indians  another 
and  then  run  around  shouting  discrimination  against  the  Indian,  not  know 
ing  their  purpose  had  been  discovered  and  proper  correction  made.  I  have 
had  Indians  in  semi-executive  or  clerical  capacity  and  when  legitimate  error 
found  fail  to  report  same,  but  instead  spread  rumor  that  things  are  wrong 
and  point  these  instances  as  example.  Many  and  many  incidents  such 
as  this  have  I  investigated  and  corrected,  and  many  investigations  on 
part  of  Inspectors  of  Indian  Service  and  others.  The  time  has  yet  to  come 
in  which  something  wrong  is  to  be  found.  In  fact,  the  position  of  the 
management  here  has  been  strengthened  in  each  and  every  case. 

Every  Indian  who  wants  work  can  get  it.  No  Indian  can  be  produced 
who  can  say  that  he  applied  to  management  here  and  could  not  get  a  job 
and  at  once.  It  may  not  be  the  ideal  one  he  desires,  but  it  is  one  which  I 
think  measures  up  to  his  capabilities  or  one  in  which  I  can  test  him  for  his 
fitness.  No  man  is  barred,  not  even  those  dismissed  for  cause.  In  a  case 
like  this  I  simply  start  all  over  with  the  person  on  a  new  line  to  make  some 
thing  out  of  him  and  this  not  once,  but  after  failure  upon  failure.  I  have 
not  always  held  the  employer's  point  of  view  in  mind,  but  ever  before  me  is 
my  semi-dual  capacity  of  teacher.  I  do  not  aim  to  say  that  my  management 
is  perfect,  or  that  this  plant  is  an  ideal  business  corporation.  The  law  makes 
this  an  institution  for  industrial  development  of  the  Indian,  and  as  well  a 
business  proposition  in  which  they  are  expected  to  benefit  financially.  No 
man  need  suffer  for  work  nor  do  they.  True,  they  may  say  so — think  they 
are  entitled  to  better  jobs,  higher  pay,  etc.,  which  is  their  cry,  but  is  only 
subterfuge.  There  is  waste  here.  Some  waste  of  energy,  some  might  put 
it,  that  could  be  used  better  in  other  directions, — such  as  business  manage 
ment.  The  Indian  knows  nothing  of  efficiency  of  organization.  Here  we 
have  a  business  institution  and  school  combined  at  least  1/3  to  1/2  of  its 
organization  children  and  its  efficiency  crippled  to  that  extent,  and  yet  all 
things  considered  it  is  a  question  of  its  not  being  a  good  investment.  Could 
you  have  come  here  with  me  three  years  ago  last  June  and  seen  the  condition 
of  management,  organization,  financial  condition  and  internal  relations  of 
plant  to  town  and  its  home  life,  then  I  feel  your  visit  here  in  1913  would 
have  witnessed  a  great  change  for  the  better.  More  and  many  more  Indians 
learning  the  value  of  steady  employment.  Homes  that  were  hastily  con 
structed,  one-room  shacks,  now  the  neatly  constructed  modern  4,  5  and  6- 
room  cottages. 

Conditions  in  home  life  are  so  completely  altered  that  they  could  not  be 
recognized.  Dusky  in  features  but  white  in  fashions,  living  and  conduct,  in 
a  fair  way.  The  throwing  of  Indians  into  contact,  socially  and  industrially, 
has  worked  a  wonderful  change,  but  it's  only  in  its  infancy.  It  costs  some 
thing,  it  may  be  said,  but  is  it  not  money  well  spent?  I  doubt  if  there  is  any 
tribe  in  America  wherein  greater  change  has  taken  place  than  here  in  the 
short  period  of  existence  of  this  plant.  Normally,  of  course,  conditions  are 
bad.  Waste  or  imperfect  organization,  etc.,  exist,  but  day  to  day  sees  a 
bettering.  Some  tightening  of  the  machine;  some  improvement  in  the  effi- 


108 

ciency  of  the  operation.  The  greater  part  of  the  work  has  been  done. 
What  remains  now  is  to  perfect  or  pick  up  the  loose  threads.  Waste  has 
been  spoken  of;  the  great  pity  of  it  all  is  that  this  is  true,  not  as  the  ring 
leaders  of  the  present  movement  would  have,  but  waste  in  shape  of  idle  In 
dians,  who  are  led  to  believe  through  agitation  that  the  millenium  is  at  hand. 
New  men  are  to  take  hold.  Good  jobs  are  to  be  parceled  out  to  everyone; 
waste  not  only  in  wages  lost,  caused  by  this  unrest,  but  waste  of  our  efforts 
to  get  them  to  labor  and  after  getting  started  the  lessons  lost  by  having 
to  start  all  over  again. 

The  time  records  of  these  mills  show  in  all  these  periods  the  loss  of  at 
least  100  Indians,  who  disappear  from  the  pay  rolls  waiting  for  the  great 
change  preached,  which  never  comes.  Many  investigations  have  been  held. 
It  is  time  something  happened  once  and  for  all.  Either  charges  are  or  are 
not  true.  The  way  should  not  be  left  open  for  the  future.  If  things  are 
fairly  well,  no  matter  who  is  on  the  job,  the  office  should  discipline  those 
who  are  a  real  hindrance  to  the  progress  of  the  Indian  toward  industrial 
self  development.  Summed  up,  these  men  are  not  at  work  because  they 
will  not  work ;  and  those  who  are  working  hold  out  their  hands  for  a  work 
to  which  they  are  in  no  manner  fitted.  I  can  comb  over  the  employees  of 
this  plant  and  not  find  one  white  occupying  a  place  not  absolutely  necessary, 
while  it  is  a  matter  of  record  that  this  year  I  more  than  once  strained  the 
organization  by  depending  too  much  on  the  Indian,  in  view  of  the  labor 
scarcity. 

Q.  What  is  the  past  experience  of  this  plant  on  logging  contracts  to  In 
dians? 

A.  This  plant's  experience  on  logging  contracts  to  Indians  has  not  been 
at  all  satisfactory.  The  law  prohibits  the  employment  of  white  labor;  yet 
the  Indian  jobber  seeks  it  at  once.  He  likes  to  drive  round,  put  on  a  fore 
man,  time  keeper,  clerk,  instead  of  handling  work  himself.  Careless  of  sup 
plies,  overlooking  the  fact  it  is  part  of  his  cost.  Our  contracts  are  in 
variably  handed  out  on  a  basis  of  $6.00  per  M.  We  do  work  for  $4.75  per 
M.  Usually  jobs  are  comparatively  easy,  yet  through  lack  of  business  man 
agement  the  Indian  fails. 

The  records  of  this  office  back  this  up  to  the  extent  of  thousands  of  dol 
lars  claims  filed  against  the  tribe  from  old  logging  days.  What  success  was 
found  in  contractor  breaking  even  or  a  little  better  was  due  to  the  fact  that 
I,  personally,  supervised  their  work  and  accounts.  Guaranteed  them  labor, 
loaned  them  supplies  and  outfit.  In  fact,  financed  them.  Being  notoriously 
careless  in  payment  of  obligations,  labor  or  otherwise,  it  was  necessary  for 
me  in  each  and  every  instance  to  handle  the  work  for  them.  The  records 
here  vouch  for  this. 

Q.  They  also  seem  to  think  that  they  at  least  ought  to  be  made  bosses  of 
the  camps  in  the  woods.  From  your  experience  on  the  reservation  the  last 
three  years,  do  you  think  this  is  practical? 

A.  This  question  is  answered  in  part  by  my  answer  to  Question  No.  2. 
It  is  not  practical,  but  can  be  experimented  with.  We  have  now  Camp  15, 
white  foreman,  Camp  16,  Indian  foreman,  Camp  17,  Indian  foreman,  Camp 
18,  Indian  foreman.  Over  these  are  the  Logging  Superintendent,  Mr.  Brig- 
ham,  assisted  by  Mr.  Peterson,  woods  foreman,  who  lay  out  work,  plan  roads 
and  continually  supervise  in  order  to  hold  cost  within  reason.  They  log 


109 

haphazzardly,  not  one  ever  had  experience  in  railroad  logging,  could  not 
even  attempt  to  build  a  spur.  We  are  endeavoring  to  teach  them,  but  they 
can  never  attain  the  proficiency  of  white  men,  because  lacking  initiative, 
being  too  far  set  in  lines  of  old  days.  Not  a  single  one  could  be  counted  on 
alone  to  fill  the  demand  of  the  mill  daily,  as  its  consumption  demanded.  We 
usually  man  our  camps  on  basis  of  3  white  foremen  to  2  Indians,  after  things 
get  going  the  logging  boss  taking  personal  charge  of  the  2  Indian  camps. 

Q.  How  many  thousand  feet  of  miscuts  have  been  sawed  in  the  past  year? 

A.  Miscuts  sold  in  business  year  ending  September  30,  1913,  241,140  feet ; 
brought  average  of  $10.05  per  M.  Total,  $2,425.46. 

Miscuts  in  yard  end  of  business,  1913,  251,500  feet.  All  sold;  not  yet 
shipped  out;  at  advance  of  $1.50  and  $2.00  per  M  over  price  of  1912.  These 
are  some  of  piles  you  looked  at.  Miscuts  are  principally  hardwoods,  per 
centage  is  about  §4  of  1  per  cent,  which  is  reasonable,  I  think. 

Q.  How  much  wastage  was  there  on  your  inventory,  or  in  other  words, 
shortage  ? 

A.  415,159  feet  shortage,  as  follows : 

Our  inventory  October   1,   1913 38,555,148  feet 

Manufactured  during  the  year 31,840,896  feet 


70,396,044  feet 


Sold  and  shipped 40,126,035  feet 

Used  in  construction 1,528,870  feet 

Inventory,  September  30th,  1913 28,325,980  feet 

Shortage  due  to  breakage  handling  and 

perhaps     estimate     of     lumber     in     pile. 

Good  part  of  which  is  piled  all  widths 

and  lengths    415,159  feet 


70,396,044  feet  handled  during  year 

Q.  What  is  your  system  of  selling  and  collecting?  Please  answer  fully, 
describing  methods  of  selling  the  square  timber,  prices,  etc. 

A.  Under  the  Act  of  1908,  products  of  the  Mill  must  be  sold  to  highest 
bidder  for  cash.  Sales  regulations  provide  advertisement  of  the  products 
to  be  sold.  Sales  held  weekly.  Proposals  to  purchase  may  be  made  in 
form  of  letter  stating  species,  quantity,  grade,  etc.,  desired  with  price  of 
fered.  This  may  be  accepted  or  rejected  by  board  of  sales,  myself  and 
sales  agent  acting  as  such,  if  the  market  values  are  or  are  not  as  we  know 
them. 

Sales  over  $10,000.00  referred  to  the  U.  S.  Indian  Office  for  approval. 

Sales  may  be  made  between  periods  if  price  offered  is  not  less  than  the 
best  previous  bid  or  is  good  market  value  for  the  product. 

Payment  must  be  made  before  purchased  product  leaves  the  mills.  De 
posit  may  be  exacted  if  deemed  necessary  to  protect  mill  at  time  bid  is  ac 
cepted.  I  include  copy  of  the  sales  regulations  herewith. 

The  selling  of  board  timber  is  conducted  strictly  on  the  lines  above.  Ad 
vertisement  is  made  of  quantity  to  be  offered,  circular  letter  sent  to  those 
in  this  trade  known  to  be  interested,  with  advice  sale  will  close  on  a  certain 
day.  Bids  then  canvassed  and  award  made  after  approval  by  the  U.  S. 
Indian  Office  if  $10,000.00  or  over.  Specifications  for  sales — write  bidder  to 


110 

bid  for  timber  made  f.  o.  b.  cars  by  us.  Hewed  in  woods  and  loaded  by  the 
bidder,  and  made  woods  and  loaded  on  car  by  us. 

The  price  accepted  is  that  deemed  best  for  the  operation.  The  last  large 
sale  of  waney  pine  board  timber  was  made  at  a  price  of  $70.00  per  M  feet, 
purchaser  to  make  and  load  on  cars  himself.  A  small  sale  was  made  this 
year  at  $75.00,  but  as  market  for  this  class  of  stuff  is  dead  this  year  no  large 
sale  could  be  effected. 

Rock  elm  timbers.  Process  of  sale  same  as  above.  Prices  offered  this 
year  50  cents  per  cubic  foot,  buyer  to  make  and  load  on  cars  himself.  Prior 
to  this  year  this  class  of  stuff  brought  42  to  47  cents  per  cubic  foot. 

Q.  What  is  your  idea  about  helping  the  trustworthy,  industrious  Indians 
to  become  farmers  and  give  them  say  seven  or  eight  hundred  dollars  out  of 
their  individual  share  of  the  money  in  Washington  to  the  tribe's  credit? 

A.  I  firmly  believe  that  the  industrial  advancement  of  the  Indian  demands 
that  he  be  given  financial  assistance  to  better  his  condition.  He  can  only 
learn  the  value  and  uses  of  money  by  the  actual  handling  of  it  himself. 
Trustworthy  and  industrious  Indians  should  be  assisted  by  placing  to  their 
individual  credit  a  certain  sum  of  money  which  they  could  invest  to  im 
prove  business,  farms  and  home  conditions.  While  it  is  true  at  present  that 
the  farmer  here  may  be  helped  to  the  extent  of  $600.00  by  a  loan  from  the 
tribal  funds  which  he  must  repay  in  4  years,  he  acquires  no  practical  edu 
cation  in  the  use  of  this  money  because  he  does  not  have  the  actual  dis 
bursement  of  same. 

Every  Indian  should  have  the  opportunity,  if  his  stage  of  competency 
warranted,  to  have  at  his  command  under  supervision  $600.00  in  cash  with 
which  he  might  make  the  effort,  whether  that  be  in  purchase  of  tools  and 
equipment,  stock,  building  of  house,  barn,  etc.  As  it  is  now  the  Indian  is 
struggling  to  farm  5  to  60  acres,  as  the  case  may  be,  often  with  no  team ; 
agricultural  implements  the  simplest,  such  as  plow  and  cultivator.  No  proper 
buildings  for  housing  the  produce  he  raises  and  no  means  to  add  to  his 
stock  or  equipment.  As  a  result,  even  the  results  of  his  meager  effort  in 
scratching  the  soil,  no  matter  how  bountiful,  are  often  wasted  through  lack 
of  means  to  gather  and  store  them,  while  if  in  possession  of  the  simpler 
proper  equipment,  fair  buildings,  a  larger  and  richer  harvest  could  be  made, 
with  the  Indian  that  much  nearer  the  self-supporting  stage.  Even  the  most 
advanced  Indian  would  have  a  reserve  fund  to  fall  back  on  to  purchase  seed 
in  the  event  of  crop  failure  or  to  tide  him  over  unforeseen  emergency,  thus 
preventing  him  from  hanging  the  mill  stone  of  debt  around  his  neck  (which 
it  will  take  $200.00  for  one  Indianr  to  overcome). 

Q.  There  seems  to  be  a  great  desire  of  the  tribe  to  have  a  portion  of  this 
money.  If  the  Government  should  give  every  Indian  on  the  reservation 
$500.00  of  their  money,  in  the  usual  way,  what  method  do  you  suggest  of 
conserving  this  amount,  taking  care  of  that  portion  of  it  given  to  minors, 
and  men  addicted  to  the  use  of  liquor,  etc.  ? 

A.  By  all  means,  give  the  Indian,  or  place  to  his  credit  in  bank,  $600.00  of 
his  money,  to  be  disbursed  under  the  Individual  Indian  money  plan.  It  is 
a  very  simple  matter  to  conserve  this.  The  Indians  could  be  divided  into 
classes, — those  requiring  no  supervision,  those  requiring  partial  supervision, 
and  those  who  would  waste  their  resources.  Checks  could  be  made  against 
waste  very  easily.  For  instance,  Mr.  Indian  has  $600.00  to  his  credit;  he 
comes  to  the  office  and  applies  for  $300.00  to  purchase  plow,  cultivator, 


Ill 

wagon,  harness,  cows,  or  any  articles  within  reason.  If  a  competent  In 
dian  he  could  submit  bills  showing  purchase  and  produce  them;  if -wisely 
spent  he  could  be  congratulated.  He  could  be  advised  of  best  market  and 
best  articles;  if  necessary  he  could  be  accompanied  by  an  advisor.  If  the 
second  class  Indian  desired  say  $100.00,  he  could  be  allowed  to  purchase 
under  office  supervision.  As  he  demonstrated  his  ability  to  handle  his 
money  he  could  be  advanced. 

While  for  the  Indian  who  would  waste  or  misuse,  the  needed  articles 
could  be  purchased  for  him  and  an  endeavor  to  advance  him  could  be  made 
by  an  apprenticeship  or  record  taken  of  him  as  to  his  industrial  earning 
capacity.  In  all  these  cases  advances  or  reductions  could  be  made  as  the 
case  demanded. 

The  Industrial  Indian  Money  regulations  cover  these  cases  only  that  the 
strings  should  be  loosened  by  allowing  the  agency  office  more  leeway  in 
granting  of  allowances  without  reference  for  approval  to  Washington. 

Q.  What  do  you  think  of  the  idea  of  selecting  four  or  six  of  the  highest 
grade  young  men  on  the  reservation  and  sending  them  to  Wisconsin  Agri 
cultural  College  at  Madison  to  take  a  full  course  in  Forestry  and  Agricul 
ture,  that  they  may  come  back  to  the  reservation  and  teach  all  those  farmers 
that  there  are,  or  will  be,  the  proper  methods  of  farming,  raising  and  care 
of  stock,  etc.? 

A.  The  idea  of  selecting  a  certain  number  of  the  best  young  men  of  the 
reservation  and  sending  them  to  Madison  is  a  thoroughly  practical  one  and 
of  far  reaching  effect  in  helping  settle  the  Indian  problem.  Education  is  the 
way  out.  The  burden  of  complaint  of  the  product  of  the  higher  Indian 
schools  is  that  there  is  no  opportunity  for  a  higher  practical  education.  First 
principles  are  instilled,  but  of  scientific  knowledge  that  could  be  put  to  ex 
pert  use  there  is  no  way  out.  Just  enough  is  gone  into  to  give  the  Indian  a 
desire  for  a  finished  education  An  agricultural  and  forestry  course  for  the 
Menominee  Indians  could  not  but  result  in  untold  returns  for  this  Indian. 
Natural  resources  are  in  the  soil  and  in  the  timber.  It  would  be  a  practical 
direct  method,  multiplying  Indian  effort  untold  fold.  The  harvest  of  such 
an  idea  put  into  effect  cannot  be  told. 

Q.  What  is  your  idea  about  the  advisability  of  having  the  entire  reserva 
tion  thoroughly  examined,  and  timber  upon  it  estimated,  showing  the  quality 
of  land  also,  in  each  section? 

A.  Sound  business  sense  demands  that  the  resources  of  any  affair  should 
be  as  accurately  determined  as  is  possible.  No  working  plan  is  sound  un 
less  so  done.  I  am  on  record  in  this  office  advocating  and  recommending 
(see  my  letters  of  office  dated  May  19th  and  April  5th,  1911).  It  should  be  a 
cruise  by  practical  men  such  as  the  modern  lumberman  employs.  There  are 
5,760  forty-acre  tracts  on  the  reserve.  Good  cruisers  should  make  16  forties 
a  day  here.  Cruise  should  embrace  topography,  character  of  soil,  and  nat 
ural  resources  of  the  reserve.  A  working  plan  was  laid  out  for  here,  but 
for  some  reason  was  overruled.  I  have  the  opinion  of  expert  men  that 
this  procedure  should  be  undertaken  at  once.  The  information  would  be  of 
untold  worth  to  our  business,  to  the  agency  and  to  the  Indian. 

Q.  I  understand  that  the  snow  went  off  earlier  than  usual  this  last  sring. 
Is  that  true?  If  so,  was  it  any  hindrance  towards  cleaning  up  the  logs  cut 
during  the  season?  Have  there  been  any  efforts  made  during  the  summer 
and  fall  to  skid  such  logs,  getting  them  ready  to  haul  the  coming  winter? 


112 

Are  there  any  logs  left, — if  so,  what  quality  and  amount, — that  have  been 
cut  during  the  seasons  of  the  winters  of  1910,  1911  and  1912?  Is  it  pos 
sible  to  get  any  that  may  be  left  to  the  mill?  Was  there  any  effort  made  to 
keep  those  that  were  left  from  being  wormed  by  the  worms  ? 

A.  Our  records  here  show  heavy  thaw  which  did  away  with  all  sleigh  haul 
the  first  week  of  March,  1913.  Prior  to  this  there  were  thaws  which  made 
it  necessary  to  cart  snow  for  bad  places.  Days  were  frequent  in  which  only 
part  of  a  day  could  be  used.  The  freeze  during  the  night  would  be  over 
come  during  the  day  by  the  sun.  This  necessarily  caused  a  hindrance  to 
perfect  clean  up  of  winter's  work.  Again,  it  left  logs  in  pot  holes,  covered 
by  snow  on  the  low,  moist  places  where  they  could  not  be  reached. 

In  spring  pine  logs  were  peeled  and  skidded.  I  think  it  is  a  fact  that  a 
bare  half  dozen  logs  escaped  these  efforts  to  protect  them.  Again,  it  must 
be  remembered  that  these  logs  are  in  the  midst  of  a  live  operation.  Such 
logs  as  left  after  sleigh  haul  would  be  taken  if  in  reach  of  summer's  logging 
operations  and  if  not  possible  for  this  would  be  taken  in  the  first  of  the 
coming  winter,  as  winter  logging  will  start  in  where  last  winter's  operations 
left  off.  I  hand  you  a  map  showing  in  legends  the  various  camps  worked 
from  1910  to  date.  Here  are  marked  the  approximate  spots  in  0  where  logs 
lay  that  committee  showed  your  men.*  You  will  notice  in  each  case  that  same 
are  on  the  very  edge  of  each  season's  works.  This  stuff  all  shows  in  terri 
tory  of  Camp  15  low  cutting.  It  must  be  also  remembered  here  that  Camp 
15  was  built  in  1912;  its  work  was  planned  to  extend  over  the  east  half  of 
Section  16  to  and  including  15  and  the  south  half  of  Section  10 ;  when  well 
under  way  instructions  were  received  on  January  1st  from  U.  S.  Indian 
Office  that  pending  a  suit  to  be  entered  in  U.  S.  Supreme  Court  during  this 
summer  to  decide  ownership  of  land,  no  timber  was  to  be  cut.  This  caused 
a  complete  change  in  work  of  this  camp.  Its  work  had  to  be  shifted  in 
other  directions.  It  must  be  remembered  that  the  mill  cuts  up  a  certain 
quantity  of  logs  every  day. 

Hauling  in  heavy  snow  over  railroad  is  tough  work.  Shortage  in  labor 
which  was  a  fact  during  the  last  year  and  a  half  means  every  available  man 
to  be  placed  where  timber  can  be  got,  to  keep  the  mill  supplied.  The  emer 
gencies  at  the  particular  moments  must  be  held  always  in  mind.  Cost  of 
taking  out  individual  logs,  deterioration,  if  any,  if  permitted  to  lay  for  a 
period,  cost  of  peeling,  skidding  up  to  prevent  deterioration,  all  must  be 
weighed  and  counted  for  the  best  interest  of  the  operation.  There  are  some 
logs  left  in  edges  of  last  winter's  work  that  will  naturally  be  taken  this 
coming  winter  that  could  not  be  reached  in  summer  logging  except  at  too 
great  a  cost. 

This  winter's  work  will  care  for  such  logs  as  were  viewed  by  your  men, 
which  are  on  edges  of  cuttings  of  past  works.  Camps  15,  17  and  18  will  take 
the  stuff.  The  year  1910  witnessed  a  great  fire  here,  roughly  designated  in 
map.  Portions  of  this  territory  had  been  frequently  burned  over  prior  to 
this  year,  the  operation  commencing  winter  of  1910-1911  was  to  put  camps 
in  and  save  what  valuable  stuff  we  could.  In  the  meantime  we  had  to  go 
to  Washington  for  legislation  to  build  railroad,  which  was  obtained  finally 
and  June  14th,  1911,  saw  the  first  logs  going  to  the  mill.  There  was  con 
siderable  burned  in  1910  and  year  previous,  such  as  would  pay  was  taken. 

It  must  be   remembered   in   1910-11   and   up   to   October,    1912,   prices   on 

*It  was  found  impracticable  to  print  Mr.  Nicholson's  map. 


113 

hemlock  were  such  that  it  was  difficult  to  realize  bare  cost  of  manufacture, 
ranging  from  $5.50  to  $7.00  on  No.  3  and  other  grades,  correspondingly,  to 
after  October  1,  1910,  to  $13.00  per  M.  Market  is  now  failing.  Such  hem 
lock  as  would  not  pay  was  left.  It  was  not  a  great  amount.  It  is  at  the 
south  and  west  edges  of  cutting  of  old  Camp  12  and  south  edge  of  old  Camp 
11.  The  good  stuff  here  will  come  in  this  winter.  We  took  some  in  1911 
and  1912.  I  am  inclosing  you  scale  of  logs  found  in  woods  by  our  men 
with  notes  of  their  actual  conditions.  These  are  the  logs  which  were  pointed 
out  to  justify  the  charge  of  "great  waste."  They  are  all  there  are.  A  com 
parison  of  descriptions  of  land  on  which  they  are  will  show  thef  in  the 
very  heart  of  the  present  works.  Some  have  been  decked  as  witnessed  by 
your  men  and  note  should  be  made  here  that  this  work  was  a  legitimate  part 
of  the  works,  not  an  effort  to  hide  anything  as  was  endeavored  to  be 
claimed,  because  it  was  not  known  that  any  one  was  to  look  at  them  or  that 
any  "much  ado"  was  being  made  about  them.  In  fact,  we  knew  nothing  of 
the  prowling  around  of  any  one  to  discover  so-called  waste.  Hewn  square 
timbers,  two  or  three,  were  pointed  out  as  waste  left.  I  would  have  you 
know  that  our  books  show  every  timber  paid  for  whether  taken  or  not,  and 
even  these  left  will  be  taken  in  by  us  because  abandoned  by  purchasers  with 
added  profits  to  us. 

Again,  that  any  damage  resultant  from  square  timber  cutting  was  charged 
and  paid  for  and  our  books  show  the  money  received  and  deposited.  Again, 
it  was  pointed  out  that  the  pine  fallen  was  all  cut  by  square  timber  men;  this 
was  not  so.  Our  own  Camp  15  cut  the  greater  part  of  pine  as  report  shows. 
It  couldn't  be  taken  on  account  of  condition  of  the  ground  due  to  early 
break  up  of  winter  and  change  of  camp's  scene  of  work. 

Q.  While  there  I  told  all  the  Indians  I  came  in  contact  with  what  I  was 
going  to  recommend.  You  may  tell  them  that  I  shall  also  recommend  that 
each  member  of  the  tribe  be  paid  the  sum  of  $500.00  out  of  their  tribal  funds 
in  Washington,  but  I  shall  frame  this  with  the  original  idea  of  advancing 
money  to  men  who  will  clean  up  the  land  and  go  to  farming.  Those  men 
should  have  an  additional  sum  of  $300  to  $400  to  be  charged  to  their  indi 
vidual  share  of  the  funds  remaining  in  Washington.  What  is  your  opinion 
on  this? 

A.  The  advancement  of  money  to  Indians  from  the  tribal  funds  for  the 
purpose  of  encouragement  along  agricultural  lines  would  be  a  splendid  thing. 
Legislation  may  be  necessary;  if  so,  it  should  be  obtained  at  once.  Something 
should  be  done  to  put  the  Indian  on  an  independent  basis.  I  might  as  well 
bring  my  boy  up  to  42  years  of  age,  not  permit  him  to  handle  a  cent,  buy  all 
his  necessities,  do  all  his  business  for  him,  not  let  him  know  anything  of  the 
responsibilities  of  life  and  then  turn  him  loose.  Think  you  that  he  would 
make  the  average  citizen  or  that  he  could  then  go  on,  competent  to  perform 
his  share  in  our  world's  work? 

Each  Indian  is  entitled  to  a  certain  share  of  the  funds  on  deposit  in 
Washington.  In  addition,  he  has  practically  a  source  of  perpetual  income 
here.  If  he  is  ever  to  handle  same  a  start  should  be  made.  This  start  taken 
with  men  who  in  a  limited  way  show  desire  to  reach  higher  heights  should 
obtain  results. 

Q.  In  the  contracts  made  for  lumber  and  pine  in  the  tree,  were  those  con 
tracts  let  strictly  in  conformity  to  the  rules  of  the  Department  for  selling 
lumber  at  the  mill? 

A.  Contracts    for   waney  board   pine   timber   and   rock   elm   timber   have 


114 

always  been  made  in  strict  conformity  with  rule  of  the  Department  for  sell 
ing.  Note  in  proposal  sales  was  sent  to  every  one  known  to  be  interested  in 
this  line  of  product.  A  weekly  advertisement  is  carried  in  lumber  trade 
journals  and  a  large  bi-monthly  advertisement  that  sale  of  products  is  held 
here.  Bids  were  received  from  the  known  purchasers  of  this  class  of  product. 
They  were  opened  on  a  selected  day  and  award  was  made  to  the  highest 
bidders,  as  our  records  will  show. 

Q.  Will  you  be  kind  enough  to  give  me  a  little  synopsis  of  your  method 
of  taking  care  of  the  old,  sick  and  young  Indians  who  can  do  nothing  for 
themselves  on  the  reservation;  is  there  money  appropriated  for  that,  etc.? 

A.  Any  Indian,  old,  sick  or  disabled  in  such  manner  as  to  be  unable  to 
provide  for  him  or  herself  on  report  to  the  agency  office,  and  if  possessing  no 
immediate  relatives  or  friends  who  will  look  out  for  him,  can  be  put  on 
ration  roll  and  receive  two  weeks'  rations  of  flour  and  pork  enough  for  sub 
sistence  for  this  period  and  even  if  with  relatives  or  friends  this  allowance 
can  be  made.  Under  special  authority,  clothing  can  be  issued  for  their  com 
fort  as  well  as  other  necessities.  Two  physicians  are  continually  on  the 
rounds,  as  well  as  an  Indian  policeman,  3  farmers  (white),  each  having  a 
district  of  his  own  and  a  field  matron.  All  required  to  note  and  report  and 
aid  in  deserving  cases. 

In  cases  where  there  are  no  friends  or  relatives,  we  have  a  hospital  which 
takes  care  of  cases  of  this  kind.  In  cases  of  children,  orphans,  they  are 
placed  in  schools,  Government  or  mission  as  is  desired,  where  they  receive 
clothing,  food  and  quarters,  etc.  Those  with  diseases  are  sent  to  hospital 
for  care  and  treatment.  In  case  of  first  steps  of  tuberculosis,  if  consent  can 
be  secured,  they  are  sent  away  to  recently  established  sanitariums  for  special 
care  and  treatment. 

Notwithstanding  all  this,  it  would  be  better  perhaps  if  this  class  of  Indian 
had  set  aside  his  share  of  his  own  funds  and  were  permitted  to  live  out  his 
life  in  his  own  way,  in  his  own  home.  Naturally  on  removal  to  hospital  in 
many  cases,  the  Indians  feel  the  separation  and  absence  from  their  own  set 
tlement  and  homes;  of  course,  there  are  cases  where  separation  is  justifiable 
and  really  should  be  enforced,  in  protection  to  lives  of  others  with  whom 
they  might  come  in  contact.  In  many  cases  we  find  persons  of  this  helpless 
class,  putting  up  with  poor  food,  poor  clothing,  etc.,  and  loss  of  many  com 
forts  they  could  obtain  if  they  had  money  of  their  own  to  prevent  separa 
tion  from  friends  and  home. 

Q.  We  understood  while  at  Neopit  that  the  season  broke  up  very  early  last 
spring.  How  much  earlier  than  usual  and  what  effect  did  that  have  on 
temporarily  leaving  logs  in  the  woods ;  how  many  feet  of  logs  have  you  cut 
since  you  took  possession  of  the  mill;  give  me  this  by  seasons  please,  1910-11, 
1911-12  and  1912-13? 

A.  Our  winter  logging  season  of  1912  and  1913  broke  at  least  two  to  three 
weeks  earlier  than  usual ;  thaws  developed  in  the  latter  part  of  February  that 
made  sledding  hard  and  on  or  about  March  4th  a  heavy  thaw  set  in  that 
carried  the  snow  away  and  softened  ice  in  swamp  and  creek  that  made  work 
dangerous  and  impossible.  We  can  usually  count  on  work  for  clean  up,  etc., 
up  to  latter  part  of  March,  even  at  times  after  April  1st.  A  let  up  on  sleigh 
haul  of  two  weeks,  a  week,  even  several  days  in  case  such  as  this,  can  result 
in  leaving  of  logs  in  woods  in  places  preventing  skidding  out  and  in  others 


115 

preventing  sleigh  haul.  Start  of  winter  has  something  to  do  also  with  con 
ditions  at  end  of  winter.  If  the  hard  frosts  come  early  enough  to  well  freeze 
the  ground  before  snow  falls,  naturally  thaws  at  end  of  winter  do  not  have 
much  effect ;  ground  remains  frozen  longer.  Last  fall  we  had  a  freeze  up, 
then  a  spell  of  soft  weather,  opening  up  things  again,  and  in  December  the 
snow  came  covering  the  ground  before  it  had  a  good  chance  to  freeze. 
Naturally  this  spring  the  melting  snows  had  much  less  distance  to  work 
down  to  open  up  ground  and  in  moist,  swampy  places  thaws  practically  opened 
them  up  at  once. 

I  am  inclosing  herewith  statement  of  logs  cut  by  species  and  camps  during 
seasons  of  1910-11,  1911-12  and  1912-13. 

Q.  Give  me  your  version  of  the  trouble  that  has  arisen  on  the  reservation. 
How  many  Indians  have  been  interested  and  what  have  been  the  characters 
of  those  that  have  been  fomenting  this  trouble  and  has  there  been,  to  your 
personal  knowledge,  any  white  influence  brought  to  bear? 

A.  Your  question  is  in  a  way  a  hard  one  to  answer.  There  is,  and  always 
will  be,  trouble  with  a  certain  class,  because  in  a  way  there  is  no  discipline 
that  can  be  -administered,  while  the  office  permits  itself  to  be  deluged  with 
complaints  of  any  nature,  investigates  them  and  then  fails  to  rebuke  severely 
those  responsible,  if,  after  due  investigation,  it  is  found  that  there  are  no 
reasonable  grounds  for  complaint.  As  long  as  any  half  dozen  dissatisfied  and 
unscrupulous  are  permitted  to  continually  roam  around  making  capital  out  of 
anything  they  can  pick  up — make  up  or  distort  into  a  something  that  will 
answer  their  purpose — no  trouble  can  be  had  in  acquiring  a  following. 

The  trouble  of  to-day,  the  culmination  of  a  series  of  complaints,  started 
about  April  or  May,  1912.  It  was  engineered  by  Oshkenaniew,  Prickett,  Mc- 
Call,  Tucker,  LaBell,  Gauthier  and  several  others.  Prickett  has  always  been 
restless,  but  amounted  to  nothing  until  joined  by  Oshkenaniew.  The  others 
simply  trail  along  or  are  handy  tools  as  the  case  may  be.  Since  the  doing 
away  of  the  old  business  committee  of  15  at  time  of  visit  of  Senate  Com 
mittee  in  1909.  or  thereabouts,  for  crookedness  in  tribal  matters,  those  mem 
bers  always  longed  for  a  return  to  the  old  days  of  easy  money,  etc. 

My  attention  was  directed  first,  in  this  connection,  to  a  complaint  handed 
in  by  them  while  on  a  trip  to  Washington  in  1912,  as  above  mentioned.  Again, 
through  the  secret  influence  of  outsiders  being  exerted  in  here  against  the 
operation  and  the  superintendent,  myself. 

But  to  start  from  the  commencement.  These  people  could  not  have  acquired 
any  influence  at  all  had  it  not  happened  that  in  1912  it  was  found  that  owing 
to  their  interest  money  having  been  all  used  up  in  payment  of  annuities  for 
the  several  years  previous,  and  for  the  legitimate  expense  of  the  agency, 
schools,  etc.,  there  was  no  available  surplus  that  could  be  set  aside  to  make  a 
payment.  Oshkenaniew,  Prickett  and  his  kind  immediately  set  up  a  cry 
that  money  was  all  wasted  and  spent  and  were  aided  in  this  by  interests  out 
side  opposed  to  the  plant  and  the  administration  of  Indian  affairs  here.  It 
was  proposed  to  send  a  delegation  to  Washington,  D.  C.,  to  look  after  their 
interests.  They  went,  aided  by  a  substantial  collection  furnished  from  outside. 
I  know  personally  traders  in  town  who  contributed,  because  they  told  me  so 
later.  Prior  to  this  I  had  found  that  the  Menominee  Indian  Mills  had  used 
to  pay  labor  a  sum  of  approximately  $125,000  of  interest  money,  which  I 
claimed  should  have  been  taken  from  the  fund  itself  direct,  as  authorized 
by  law,  and  that  this  money  should  be  replaced  to  interest  credit.  This  was 


116 

done  prior  to  start  of  the  committee  to  Washington,  D.  C.,  where  of  course 
they  accomplished  nothing,  but  did  claim  on  their  return  that  they  had  got 
back  a  large  sum  of  money  and  that  payment  would  be  made,  etc.  This 
gave  them  a  footing;  ever  since  they  have  added  to  it.  Without  their  ever 
having  examined  the  books  of  this  mill  they  charge  fraud  and  waste.  In 
spite  of  official  letters  from  the  office  and  from  representative  in  Congress 
checking  up  the  office  they  interpret  to  the  other  Indians  wrongfully,  saying 
it  is  proof,  etc. 

The  Indians  say,  or  are  told,  that  Mr.  Hollister  of  Oshkosh,  who  has 
passed  through  this  reservation  a  number  of  times,  has  told  them  that  they 
are  not  getting  half  enough  for  their  lumber.  He  is  quoted  as  saying  that 
the  big  pine  being  sold  is  the  cream  and  should  bring  $125  to  $150.00  per  M. 
and  other  species  correspondingly.  That  the  cutting  of  this  timber  is  rob 
bing  the  yard,  etc. 

One  of  the  many  things  I  instituted  on  my  arrival  here  was  the  prohibition 
as  set  forth  in  regulations  prohibiting  any  one  trading  with  Indians  to  come 
on  reservation  while  a  payment  was  going  on.  They  had  been  in  the  habit 
of  appearing  at  agency  and  when  check  was  about  to  be  handed  over  to 
Indian,  take  same  and  give  the  Indian  so  much  credit  on  old  account  or  new. 
Naturally,  they  did  not  like  this. 

Another  thing  was  the  so-called  traders'  claim  referred  to  me  for  investi 
gation  and  approval.  I  recommended  against  its  payment  and  this  was  sus 
tained  on  appeal  to  the  highest  authority,  the  Indian  Office,  office  of  the  Sec 
retary  of  the  Interior  and  even  to  the  Comptroller  of  the  Treasury.  They 
even  petitioned  Congress  for  legislation  to  pay,  but  it  was  denied,  although 
later  they  did  get  through  a  bill  permitting  the  matter  to  be  referred  to  the 
Court  of  Claims  for  review,  where  it  now  is. 

These  claims  consist  of  supplies  furnished  to  Indians  for  years  back.  It 
was  claimed,  but  I  could  not  find  Indians  who  could  say  they  ever  received 
same  or  if  they  did  double  and  triple  prices  were  charged  and  in  no  case  could 
payment  be  found  as  a  credit,  although  the  Indian  claimed  he  handed  his 
checks  over  to  them.  Included  also  were  the  claims  of  the  logging  contractors 
on  the  blown  down  district  jobs  in  1905  to  1908.  You  know  some  of  its  his 
tory.  Contracts  were  given  to  Indians.  They  were  permitted  to  take  in  white 
partners.  In  some  cases  double  scales  of  timber  cut  were  made ;  in  others, 
they  failed  to  live  up  to  contract  at  all,  the  easiest  work  was  done,  green 
timber  cut.  The  white  men  supplying  charged  up  all  kinds  of  supplies,  ex 
penses,  etc.  The  Indians  got  nothing.  It  all  resulted  in  the  Government 
sending  in  special  men  who  went  ovef  all  the  works,  checked  up  accounts  and 
withheld  payment  of  enough  money  to  pay  for  violation  of  contract,  etc. 
These  men  appealed  to  every  source,  brought  suit  which  was  thrown  out  of 
court,  etc.  Heading  this  crowd  was  one  man  named  Cook,  notorious  in  this 
county  for  timber  operations.  His  headquarters  in  Oconto.  Mr.  Tyrrell  is  his 
personal  attorney.  Mr.  Ballinger,  the  Washington  representative,  was  se 
lected  at  that  time,  I  suppose,  because  of  supposed  influence  with  his  uncle 
who  was  Secretary.  But  the  same  Secretary  has  sent  me  on  the  job  out  here. 

A  year  ago  a  hearing  was  held  in  Shawano  to  take  testimony  of  Indians 
who  were  partners.  Ballinger  and  Tyrrell  were  both  there  representing  Cook. 
Strange  to  relate,  and  I  have  it  from  pretty  good  source,  Cook  had  bought  up 
the  greater  number  of  claims.  Many  Indian  partners  hitherto  opposed  were 
"ound  in  favor,  because  a  share  was  promised  to  them,  if  any  money  was 


117 

recovered.  These  attorneys  also  learned  that  the  Menominees  had  certain 
interests  at  stake,  such  as  the  Disputed  School  and  Swamp  Lands,  claime. 
by  them,  and  at  once  became  hungry  for  large  fees  as  attorneys  to  represen 
the  Indians.  Mr.  Ballinger  approached  me  while  in  Washington,  so  I  know 
his  interest.  I  have  simply  opposed  them  and  in  the  meantime  have  been 
instrumental  in  having  suit  brought  in  U.  S.  Supreme  Court  for  test  and  am 
now  waiting  decision. 

This  brings  in  another  element.  The  Enabling  Act  for  the  State  of  Wis 
consin  set  aside  Section  16  of  the  public  survey  and  all  swamp  land  to  be 
used  for  educational  purposes  by  the  State  unless  those  lands  were  otherwise 
set  aside.  The  Menominee  Reserve  was  created  before  the  State.  Attempt 
was  made  to  extinguish  the  Indian  title  by  treaty,  which  was  never  accom 
plished.  By  error  in  giving  patents  for  other  lands,  patents  were  also  issued 
to  State  for  certain  lands  within  this  reserve.  Lumbermen  discovered  they 
were  valuable  for  timber  and  bought  them  from  the  State. 

They  cut  on  some  and  were  stopped  later  in  cutting  on  any.  They  have 
sat  down  awaiting  the  time  if  nothing  was  done,  when  these  lands  would  fall 
into  their  hands.  Naturally  any  agent  who  is  looking  after  Indian  interests 
and  took  steps  to  protect  the  Indian  right,  would  be  disliked.  It  seemed  the 
practice  of  old  days  that  the  white  got  all  he  wanted  in  here  and  no  reason 
could  be  seen  why  this  policy  should  not  continue.  I  changed  it  somewhat. 
After  efforts  to  get  decision  or  actions  to  determine  ownership,  which  re 
sulted  in  nothing,  I  started  Camp  15  on  Section  16  and  prepared  to  cut,  well 
knowing  that  these  lumber  interests  outside  would  be  compelled  to  go  into 
court  to  stop  it  or  yield  up  their  claim.  They  went  into  court  where,  I  think, 
they  lost.  At  any  rate,  I  have  this  to  go  on :  There  is  on  the  calendar  of  the 
Supreme  Court  of  this  State  a  test  case  which  has  been  on  docket  for 
years,  but  which  is  continued  along  each  session,  because  these  people  feel 
they  would  lose  even  in  their  own  court.  Naturally,  I  have  antagonism  of 
these  persons  concerned  on  the  outside,  which  is  considerable. 

Again,  there  are  the  Stockbridge  land  cases.  Patents  in  fee  were  given  to 
these  Indians  in  1910,  under  this  agency.  Prior  to  the  delivery  of  patents 
certain  lumber  interests  in  the  county  around  here  went  to  the  Indians  and  for 
$100  or  $200,  usually  handed  out  in  silver  dollars,  secured  a  deed  and  prom 
ised  to  turn  over  patents  when  received.  You  can  imagine  what  this  sum  of 
money  meant  to  an  Indian  who  had  been  accustomed  from  childhood  up  to 
receive  $2.50  from  the  Government  per  year  as  his  interest  money. 

Enough  that  they  sold  for  a  song,  or  in  cases  were  so  drunk  they  did  not 
know.  I  held  these  sales  prior  to  date  of  approval  of  patents  illegal.  The 
Department  so  held,  I  was  instructed  to  bring  suit  to  set  deeds  aside,  which 
I  have  done,  and  this  month  case  comes  off  in  U.  S.  District  Court,  Mil 
waukee.  This  compelled  those  lumbermen  and  land  grabbers  who  took  in 
forties  $5,000.00  worth  of  timber  and  then  not  completely  cut  over  to  run 
around  to  secure  new  deeds.  In  some  cases  it  was  arrived  at  by  questionable 
methods,  but  in  most  the  Indian  received  added  compensation.  Naturally 
all  this  did  not  make  any  very  good  friends  for  the  superintendent  here. 
These  are  the  principal  cases,  outside  the  fact  that  a  sincere  and  successful 
attempt  is  made  to  make  this  mill  pay,  which  some  interests  think  should 
not  be  done,  and  which  nothing  has  yet  been  shown  me  could  not  have 
been  done  from  the  start.  I  could  name  endless  little  things  that  all  tried  to 
make  the  present  superintendent  a  very  undesirable  person  to  be  on  the  job 
here. 


118 

The  head  and  center  of  the  present  kick  are  a  certain  half  dozen.  Prickett 
is  now  the  nominal  head,  Oshkenaniew  has  been  the  chief  brains,  but  within 
the  last  few  days  he  has  dropped  away.  Backing  these  men  up  are  L. 
LaFrambois,  Joe  Longley,  F.  S.  Gauthier,  Alex.  Kaquatosh,  Tom  LaBell, 
McCall,  Paul  Tebeau,  who  are  the  real  heads.  Their  following  numbers 
perhaps  60,  possibly  75.  All  of  these  attracted  because  of  resentment  to 
the  agent  for  punishment  of  offences  against  law  and  order,  whether  it  is 
liquor,  trespass  or  enforcement  of  payment  of  just  debt;  with  exception  of 
Gauthier  and  perhaps  McCall  the  ring  leaders  are  all  late  comers  in  the 
tribe.  As  one  Indian  puts  it,  those  who  took  their  interest  and  money  out 
of  tribe  in  1849  resided  away  where  they  made  a  failure,  learned  the  tribe 
had  gotten  wealthy,  come  back  now  for  re-enrollment,  tell  how  successful 
they  were  away,  want  land  and  funds  divided  up  again  to  be  on  their  way 
again  successful,  so  that  they  will  again  have  to  come  back  and  live  on  us. 
They  are  all  part  bloods  nearly  white,  the  undesirables  of  the  reserve, 
always  on  the  lookout  for  easy  money  to  be  made  without  work  and  evi 
dently  successful. 

In  my  years  here,  I  have  felt  after  each  putting  forth  my  efforts  for  the 
protection  of  the  Indian  property  or  interests,  the  added  influence  of  the 
outsiders  effected.  While  not  actually  having  the  facts  in  my  possession 
about  money  being  paid  to  certain  ones  here — I  know  it.  I  know  of  con 
ferences  in  Shawano  and  here,  which  Mr.  Tyrrell  has  attended.  It  is  co 
incident  with  Mr.  Hollister's  appearance  on  the  scene  on  or  about  the  same 
time.  I  know  that  these  Indians  have  had  the  counsel  of  certain  attorneys 
in  Shawano,  who  are  the  attorneys  of  the  certain  lumbermen  effected.  For 
instance,  only  today  Mr.  Tyrrell  visited  Shawano,  met  a  Mr.  Derosier,  a 
part  blood  Menominee  (not  member)  and  received  from  him  $200.00,  for 
which  Tyrrell  in  turn  gave  his  note  indorsed  by  someone  else  in  Shawano 
who  was  well  enough  known  to  have  it  taken  at  First  National  Bank, 
Shawano,  the  head  official  of  which,  by  the  way,  is  one  of  the  claimants  of 
land  here  and  its  stockholders  more  or  less  interested. 

The  ostensible  purpose  of  this  $200  is  that  it  is  to  be  used  to  send  Mr. 
Tyrrell  and  certain  witnesses  to  Washington,  D.  C.,  to  head  off  any  unfavor 
able  report.  I  know,  and  there  are  witnesses  here,  who  know  of  Derosier's 
going  to  Shawano  on  Saturday  to  arrange  for  money.  I  know  that  on 
Saturday  Mr.  Prickett  'phoned  Mr.  Tyrrell  to  be  in  Shawano  today,  using 
words  to  this  effect :  "Meet  me  in  Shawano  Monday,  everything  all  right, 
it  will  be  there,"  and  this  P.  M.,  Mr.  Derosier  in  this  office  admitted  he  had 
loaned  Mr.  Tyrrell  $200.00  on  interest  and  admitted  putting  note  in  bank 
duly  indorsed,  but  said  he  did  not  know  who  indorsed  note. 

The  story  given  out  is  that  the  Indians  are  to  repay  the  money  to  Mr. 
Tyrrell  and  he  in  turn  take  up  the  note.  I  have  not  yet  examined  the  reg 
ister  of  hotel — perhaps  I  can  get  later  from  bank  the  evidence  of  note,  if 
it  is  there,  and  dates  of  conferences  of  past  with  names  on  register.  I 
have  felt  at  times  the  unfriendly  influence  of  the  W.  &  N.  R.  R.  exerted 
through  Indians  who  have  always  been  in  their  seeming  employ  because  I 
was  instrumental  in  turning  down  a  bill  for  several  thousand  dollars  charges 
rendered  covering  usual  wear  and  tear  on  car  service  on  their  flat  cars, 
while  engaged  in  hauling  logs  here  at  commencement  of  operation,  and  also 
the  cancellation  of  a  contract  which  compelled  the  hauling  annually  of  not 
less  than  eight  million  feet  of  logs  over  their  road  at  $1.00  per  M,  figuring 
I  could  do  it  for  less  money,  and  now  actually  do  at  35c  per  M. 


119 

I  know  when  men  can  go  around  spending  money,  who  have  no  visible 
income,  that  someone  must  furnish  it.  I  know  that  Hollister  has  in  his 
employ  the  husband  of  a  member  of  the  tribe  who  has  never  lived  here.  His 
name  is  Edick.  He  is  their  foreman  or  superintendent.  1  know  this  man's 
brother-in-laws,  members  of  the  tribe,  are  here ;  one  of  them,  Tourtillottes, 
was  a  former  employee  in  old  days  at  this  agency,  but  was  dismissed.  I 
know  that  nothing  goes  on  here  but  that  these  people  furnish  information 
outside  and  have  felt  their  influence  in  opposition  in  here. 

I  know  that  all  these  same  interests  in  the  past  have  caused  the  sending 
of  complaints  through  Senators  LaFollette  and  Stephenson,  which  personal 
interviews  on  my  part  with  office  in  Washington  have  set  straight  and 
caused  every  one  to  keep  hands  off.  The  change  in  administration  gives  them 
new  life.  Now  instead  of  last  administration  influence  being  sought,  it  is 
the  present  Congressman  Konop's  hand  is  plainly  seen.  It  is  announced  by 
Indians  that  Oconto  has  a  candidate  who  is  to  take  charge,  etc.  Mr. 
Frechette  and  some  Indians,  Gauthier  and  others  visited  Oconto,  met  Mr. 
Konop,  so  they  announced,  and  received  his  word  that  a  change  would  soon 
take  place.  The  name  of  the  man  is  Douglas  Burns.  I  am  told  a  former 
sheriff  of  the  county,  woods  cruiser,  etc.  Back  of  him  I  can  discern  the 
same  old  interests,  who  are  always  trying  to  get  a  foothold  here,  Oconto, 
Marinette,  Oshkosh  and  Shawano  interests. 

But  my  story  is  no  new  one.  Around  every  reserve  are  the  same  per 
nicious  interests,  always  striving  to  get  at  the  Indians'  natural  resources. 
I  was  not  sent  here  in  the  interest  of  anyone,  but  those  of  good  administra 
tion.  I  was  selected  because  of  certain  things  I  had  performed  in  the  past. 
It  was  known  no  one  could  get  to  me.  This  place  prior  to  my  coming  had 
been  a  hot  bed  of  corruption  and  mismanagement :  that  is  its  record.  I 
was  sent  to  clean  up  and  I  shall  continue  to  do  so. 

Under  my  first  administration  about  eleven  thousand  dollars  was  com 
pelled  to  be  repaid  to  the  mills  for  lumber  stolen  and  some  lumbermen 
escaped  narrowly  going  to  jail.  Work  on  lines  such  as  I  name  is  con 
tinually  going  on.  Naturally  those  concerns  have  no  love.  If  someone 
came  in  who  would  sleep  on  the  job,  how  pleasant  all  around  would  be  the 
condition.  With  me  out  they  think  their  goal  would  be  reached.  How 
little  they  know  I  have  been  here  long  enough  to  have  acquired  some  real 
liking  for  the  real  Indian.  It  would  be  real  pleasure  for  me,  free  from  the 
outside  work,  many  times  harder  on  my  own  time  and  resources,  to  prevent 
the  Indian  being  any  longer  robbed  by  his  unscrupulous  red  or  white  brother. 


Affidavit  of  Mr.  A.  S.  Nicholson : 

NEOPIT,  Wis.,  Jan.  9th,   1914. 
To  WHOM  IT  MAY  CONCERN  : 

I,  A.  S.  Nicholson,  hereby  certify  on  honor  that  the  information  given 
and  report  made  by  me  to  Hon.  Edward  E.  Ayer,  of  the  Board  of  Indian 
Commissioners,  regarding  conditions  on  the  Menominee  Indian  Reservation, 
are  true  and  correct  to  the  best  of  my  knowledge  and  belief.  Figures  of 
record  are  copies  of  certified  records  of  the  Neopit  operations,  and  other 


120 

information  is  obtained   from  sources  which  are  creditable  and  upon  per 
sonal  investigation  by  myself  and  reputable  employees  here. 

(Signed)     A.  S.  NICHOLSON, 
Supt.  Menominee  Indian  Reservation. 
Declared  to  before  me  this  9th  day  of  January,  1914. 
[SEAL]  H.  C.  D.  ASHFORD, 

Notary  Public. 
My  commission  expires  June  20,  1916. 


EXHIBIT  29A. 

Copy  of  correspondence  between  Mr.  Edward  E.  Ayer,  and 
Mr.  A.  S.  Nicholson,  Neopit,  Wisconsin,  regarding  the  railroad 
facilities  at  the  Menominee  Indian  Mills. 

CHICAGO,  December  4,  1913. 
MR.  A.  S.  NICHOLSON,  Superintendent, 

Menominee  Indian  Mills, 

Neopit,  Wisconsin. 
Dear  Mr.  Nicholson : 

I  was  not  satisfied,  while  I  was  up  to  your  place,  with  the  railroad  facilities 
there.  A  road  practically  without  cars  and  two  rates  on  everything  must 
make  it  very  expensive  and  very  dilatory  in  handling  your  business  there. 

I  feel  quite  sure  we  can  get  the  North- Western  to  build  over  from  the 
west :  it  doesn't,  from  the  map,  seem  to  me  to  be  more  than  eight  or  ten 
miles,  and  this  would  mean  but  one  rate  to  all  over  the  country,  saving 
practically  the  entire  rate  paid  to  the  road  that  is  now  there. 

Please  write  me  fully,  explaining  just  exactly  how  much  rate  they  get, 
etc.,  and  what  you  consider  the  extra  cost  of  handling  a  car ;  and  the  way 
it  ought  to  be  if  we  got  the  North- Western  to  come  in  there,  when  they 
would  take  the  North-Western  rate  to  all  competitive  points. 

I  don't  know  whether  we  could  do  it  or  not :  I  am  going  to  find  out  what 
the  rates  would  be,  and  I  think  it  would  be  a  substantial  saving  on  the  cut 
of  the  mill. 

I  am  going  to  make  this  recommendation  in  my  report  and  you  can  so 
notify  the  Indians:  I  think  they  would  be  glad  to  know  of  any  recommenda 
tions  that  would  make  them  any  more  money. 

Yours  very  truly, 

r  EDWARD  E.  AVER. 


NEOPIT,  WiS.,  December  8,  1913. 
HON.  EDWARD  E.  AYER, 

Chicago,  Illinois. 
My  Dear  Mr.  Ayer: 

Your  letter  of  December  4th,  regarding  our  railroad  shipping  conditions 
here. 

I  am  glad  you  bring  this  subject  up.  Our  position  is,  briefly,  as  follows: 
We  are  situated  on  the  line  of  the  Wisconsin  &  Northern  R.  R.,  a  short 
independent  line  running  from  the  town  of  Shawano,  northerly  to  Van 
Ostrand,  a  point  4  miles  north  of  our  reservation  line  with  no  outlet  or 
railroad  connection  there.  In  Shawano  the  W.  &  N.  R.  R.  has  switching 


121 

arrangements  with  the  C.  &  N.  W.  R.  R.  This  road  has  two  old  engines,  2 
passenger  cars,  a  caboose  and  some  flat  cars  with  perhaps  several  box  cars. 
It  has  to  depend  entirely  on  the  C.  &  N.  W.  for  supply  of  cars  to  handle 
shipments. 

Its  freight  north  from  the  south  will  approximate  several  cars  per  day. 
Its  freight  out  from  here  would  average  17  to  20  cars  per  day.  It  picks  up 
occasionally  some  cars  from  Morgan  Siding  below  here,  and  Gresham. 
Our  freight  service  is  one  train  daily;  combined  with  passenger  service,  two 
trains  daily.  To  Neopit  from  Shawano,  7  a.  m.  and  12  :30  p.  m.,  and  from 
Shawano  to  Neopit,  9  :00  a.  m.  and  3  :45  a.  m.  when  on  time.  Passenger  rates, 
4  cents  a  mile;  local  freight  rates  on  same  basis,  while  on  through  freight  on 
lumber  products  we  get  same  rate  as  from  Wausau  Point  and  North-Western 
line,  namely,  10  cents  per  100  to  Chicago  and  other  points  correspondingly, 
except  to  the  north  and  northwest. 

Our  great  handicap  is  car  service.  Perhaps  the  C.  &  N.  W.  does  not  wish 
to  favor  this  line,  which  rumor  says  is  ultimately  destined  as  a  feeder  for 
the  "Soo  Lines" ;  but  this  we  do  know, — that  many  times  we  have  taken 
matter  of  car  service  up  with  the  C.  &  N.  W.  agent  at  Green  Bay  and  he  has 
said  that  plenty  of  cars  were  turned  over  to  this  line.  In  cases  we  have 
known  cars  to  be  sent  in  and  refused,  the  W.  &  N.  R.  R.  saying  that  they 
would  do  the  ordering  and  not  us.  It  seems  to  be  their  practice  to  scale 
down  the  number  of  cars  we  want,  and  in  cases  we  have  known  that  cars 
intended  for  us  were  diverted  to  Gresham,  Morgan  and  Phlox.  The  C.  & 
N.  W.  found  this  out  themselves  when  they  sent  cars  here  for  ties  that 
never  arrived.  Their  man,  going  over  the  line,  found  cars  at  other  points. 
Freightage  in  of  course  is  very  bad.  Excess  freight  has  much  to  do  in 
adding  to  cost  of  supplies.  Shortage  in  cars  necessarily  results  in  can 
cellation  of  orders,  as  customers  have  to  purchase  elsewhere. 

In  1911  Mr.  Ashton,  Vice-President  of  C.  &  N.  W.,  took  up  matter  of 
their  road  coming  in  here  and  have  engineer  and  several  others  make  a 
preliminary  trip  across  the  reserve.  A  line  was  run  starting  about  at  Under 
bill,  thence  westerly  to  Keshena,  then  northwesterly  to  Neopit  and  north 
to  their  line.  I  cannot  see  whereby  it  would  not  be  a  paying  proposition 
for  the  C.  &  N.  W.  as  well  as  excellent  business  for  us. 

Here  is  a  product  of  millions  in  the  rough  for  years  to  come.  Manufac 
turers  to  ship  for  the  same  length  of  time,  not  counting  other  developments. 
Outside  of  lumber,  ties,  posts,  poles,  pulp  wood,  firewood  could  be  shipped. 
Some  things  impossible  to  handle  now.  Whether  the  line  comes  in  from 
Mattoon  to  Neopit  and  thence  northeast  to  Breed  or,  as  the  preliminary 
was  made,  it  would  be  good  business  all  around. 

With  the  North-Western  in  here,  we  could  get  fair  rates  north,  east,  south 
and  west ;  save  delay  in  shipping  in  and  out  through  transfer  having  to  be 
made ;  obtain  car  service,  which  is  the  important  item ;  and  prevent  lost 
sales  and  send  to  the  markets  of  the  country  some  products  which  we  are 
long  on  and  now  hardly  pay  to  make  but  which  should  be  a  revenue  producer. 

While  on  this  subject  another  thought  is  presented  as  to  a  handicap  here. 
We  must  have  cash  in  hand  before  shipment.  We  wire  for  money  when 
car  is  loaded.  Demurrage  is  due  after  second  day.  We  must  pay  if  our 
fault.  Shipper  kicks  if  charged  to  him.  If  reasonable  credit  could  be  given, 
car  permitted  to  go  out,  this  would  be  overcome.  It  is  a  handicap  in  getting 
some  firms  to  buy  here.  The  tribe  in  the  past  has  gone  on  record  in  favor 
of  allowing  the  Chicago  &  North-Western  R.  R.  to  come  in.  Whatever  could 
be  done  on  this  line  must  be  quietly  as  it  is  very  easy  for  any  opposition 


122 

to  readily  get  hold  of  members  here  to  manufacture  sentiment  in  opposition. 
The  W.  &  N.  R.  R.  would  certainly  take  a  hand. 

Concerning  present  sales  regulations,  I  find  an  amendment  to  law  is  neces 
sary.    The  Act  of  March  28,  1909,  Section  3,  reads : 

Section  3.  That  the  lumber,  lath,  shingles,  poles,  posts,  bolts  and 
pulp  wood,  and  other  marketable  materials  so  manufactured  from  the 
timber  cut  upon  such  reservations  shall  be  sold  to  the  highest  and 
best  bidder  for  cash,  after  due  advertisement  inviting  proposals  and 
bids,  under  such  rules  and  regulations  as  the  Secretary  of  the  Interior 
may  prescribe.  The  net  proceeds  of  the  sale  of  such  lumber  and 
other  materials  shall  be  deposited  in  the  Treasury  of  the  United 
States  to  the  credit  of  the  tribe  entitled  to  the  same.  Such  proceeds 
shall  bear  interest  at  the  rate  of  four  per  centum  per  annum,  and  the 
interest  shall  be  used  for  the  benefit  of  such  Indians  in  such  manner 
as  the  Secretary  of  the  Interior  shall  prescribe." 
If  this  wording  were  changed  to  read, 

Section  3.     That  the  lumber,   lath,  shingles,  poles,  posts,  bolts  and 
pulp  wood  and  other  marketable  materials  so  manufactured  from  the 
timber  cut  upon  such  reservations  shall  be  sold  in  the  open  market, 
after  due  advertisement  inviting  proposals  and  bids,  under  such  rules 
and  regulations  as  the  Secretary  of  the  Interior  may  prescribe,  etc., 
this  would  permit  regulations  to  be  framed  that  would  permit  of  business 
being  performed  under  conditions  nearly  on  a  par  with  any  modern  concern. 
The  possibility  of  loss  would  be  little,  a  selected  credit  list  could  be  estab 
lished,  which  would  result  in  payment  within  say  10  days.     Cars  could  then 
go  on,  knowing  checks  were  en  route  in  mails,  etc. 

Respectfully, 

A.  S.  NICHOLSON, 

Superintendent. 


EXHIBIT  29B. 

Letter  from  Mr.  A.  S.  Nicholson,  accompanying  map,  dated 
Neopit,  Wisconsin,  Dec.  22,  1913. 

HON.  EDWARD  E.  AVER, 

Chicago,   111. 
Dear  Sir: 

Replying  to  your  letter  of  December  19th,  I  inclose  you  herewith  a  map 
of  logging  showing  cut  district  by  years  in  various  colors.  I  have  marked 
on  line  of  our  railroad  in  thin  red  ink  line  route  taken  by  party  headed  by 
Mr.  Holland. 

It  is  well  to  understand  the  problem  confronting  us  at  end  of  summer, 
1910.  Prior  to  this  we  had  been  cutting  west  of  Neopit.  In  the  summer  of 
1910  occurred  the  big  fire  northeasterly  from  Neopit,  over  sixty  million  feet 
of  timber  being  burned,  a  large  per  cent  of  which  was  pine.  There  was  no 
way  of  getting  it  to  the  mill.  We  had  to  go  to  Washington  for  legislation 
to  build  railroad. 

There  were  no  roads  through.  We  started  to  work  October,  1910,  to  build 
camps,  cut  a  right  of  way  over  to  this  district  and  log  the  timber. 

Early  in  1911  bill  passed  permitting  railroad  to  be  built.     We  started  at 


123 

the  nearest  point  on  the  W.  &  N.  R.  R.  and  built  railroad  over  to  burned 
district,  and  on  June  14,  1911,  hauled  first  load. 

It  was  a  question  this  year  of  saving  the  most  valuable  stuff.  We  logged 
during  year  1911  and  1912  on  sites  of  Camps  11,  12  and  14.  During  this  time 
we  had  to  pay  trackage  charge  of  sixty  cents  a  loaded  car  to  the  W.  &  N. 
R.  R.,  which  was  about  twenty  cents  per  M.  I  asked  the  Department  for 
permission  to  extend  railroad  into  Neopit  direct  to  save  this  charge  and 
finally  received  permission  to  build ;  and  last  winter,  end  of  December, 
1912,  the  first  logs  came  in  over  this  road  straight  to  Neopit,  from  Camps 
14,  15  and  16.  Camps  11  and  12  had  finished  their  cutting  northerly.  Of 
course,  in  view  of  this  fact,  nothing  could  be  done  during  this  summer. 
Nothing  could  be  done  except  log  along  line  of  the  railroad. 

Mr.  Brigham  and  Mr.  Crowell,  under  my  instructions,  went  over  every 
part  of  past  operations  on  line  of  our  railroad,  skirted  logging  districts  of 
1910,  1911,  1912,  and  this  past  year,  with  instructions  to  scale  everything 
merchantable,  locate  the  forties  same  was  on,  and  whether  same  could  come 
to  mill  or  not. 

It  is  well  to  bear  in  mind  the  fact  that  where  square  timber  men  made 
last  winter  they  received  permission  to  cut  along  line  of  the  railroad  into 
Neopit,  so  that  we  could  pick  up  behind  them  as  we  came  along.  Such 
logs  as  were  found  were  in  main  on  edge  of  cuttings,  where  they  can  be 
taken  in  in  present  work. 

Another  thing  that  should  be  considered  is  that  on  June  30th  I  lost 
service  of  logging  superintendent.  He  was  suddenly  taken  ill  and  had  to  be 
taken  to  hospital,  Milwaukee,  where  a  serious  operation  was  performed,  he 
hovering  between  life  and  death  for  weeks.  He  finally  resigned  from  service 
altogether  at  end  of  July.  Washington  did  not  send  me  new  man  until 
October  9th,  although  I  took  matter  of  successor  up  with  them  at  once. 

You  can  understand  what  this  delay  and  change  meant  also.  I  had  to 
carry  on  the  work  alone  and  necessarily  it  perhaps  dragged  a  little,  helped 
also  by  the  extraordinary  shortage  of  the  labor  situation  for  year  past. 

In  spite  of  everything,  I  am  confident  that  our  woods  are  as  well  cut,  well 
cleaned  up  as  can  be  reasonably  expected.  I  mention  the  above  incidents 
as  it  would  not  be  fair  to  both  logging  superintendents  to  criticise  them. 
The  old  one  had  his  own  plans  and  Mr  Brigham  came  on  the  job  some 
time  after  the  other  left  without  really  knowing  what  was  on  his  mind  for 
future  plans. 

Respectfully, 

(Signed)     A.  S.  NICHOLSON, 

Superintendent. 


EXHIBIT  29C. 

Letter  from  Mr.  A.  S.  Nicholson,  Supt.  Menominee  Indian 
Mills,  regarding  the  promises  of  Attorney  Tyrrell  to  the  Indians ; 
letter  dated  Neopit,  Wis.,  January  3,  1914. 

Jan.  3,  1914. 
HON.  EDWARD  E.  AVER, 

Chicago,  111. 
My  Dear  Mr.  Ayer : 
Replying  to  your  letter  of  January  2d,  on  promises  of  Attorney  Tyrrell  to 


124 

the  Indians,  the  best  information  I  can  get  is,  of  course,  talk  amongst  the 
Indians  generally. 

They  have  told  the  Indians  that  there  is  all  kinds  of  waste  here  and  to 
effect  that  their  money  is,  or  will  shortly  all  be  used  up.  That  this  is  the 
reason  why  their  interest  money  is  not  being  paid  to  them  in  shape  of  an 
nuities. 

They  claim  to  be  able  to  secure  reimbursement  to  the  tribe  of  approxi 
mately  one-half  million  dollars  claimed  to  be  lost,  through  what  is  known  as 
dead  and  down  operations. 

They  claim  to  be  able  to  secure  reimbursement  to  the  tribe  for  timber  cut 
by  Stockbridge  tribe  at  the  time  of  their  temporary  occupation  of  the 
Menominee  lands  pending  the  arrangements  for  purchase  of  two  townships 
from  the  Menominee  tribe. 

They  claim  to  be  able  to  secure  to  the  tribe  Section  16  and  the  swamp 
lands  claimed  by  the  State  of  Wisconsin  under  the  Enabling  Act  notwith 
standing  the  fact  that  the  matter  is  now  before  the  U.  S.  Supreme  Court, 
which  case  is  on  calendar,  I  believe,  for  February,  the  Department  of  Justice 
representing  the  Indian. 

They  claim  to  be  able  to  secure  to  the  tribe  reimbursement  of  all  moneys 
paid  out  for  education  of  the  Indian  from  tribal  funds,  whether  to  mission 
schools  or  Government,  claiming  same  should  be  made  by  direct  appropria 
tion  of  Congress. 

They  claim  to  be  able  to  secure  reimbursement  to  the  tribe  of  certain 
thousands  of  dollars  lost  in  operations  during  the  three  years  past.  What 
this  is  I  do  not  know  as  it  is  of  personal  knowledge  to  me  that  in  1911,  1912 
and  1913  the  operation  yielded  a  profit  to  the  tribe. 

They  also  claimed  to  be  able  to  secure  to  the  individual  Indians  who  were 
concerned  in  logging  contracts  all  money  deducted  by  the  Government  for 
waste  and  non-compliance  with  terms  of  the  contract.  Also  payment  of 
what  is  known  as  the  traders'  claims  bills,  but  do  not  tell  the  tribe  that  if 
this  should  be  done  that  payment  will  come  out  of  the  tribal  funds. 

They  also  claim  to  be  able  to  secure  to  the  tribe  all  annuities  due  them 
past  and  future.  In  fact,  they  claim  to  be  a  cure-all  for  anything,  every 
thing  of  any  nature.  It  is  represented  to  certain  Indians  that  they  will  pro 
tect  them  from  the  summary  methods  exercised  by  the  superintendent,  par 
ticularly  relating  to  liquor  trespass  cases  and  in  fact  have  taken  steps  at 
tempting  to  secure  release  of  Indians,  habitual  boot  leggers,  who  were  ar 
rested  on  indictment  by  U.  S.  Grand  Jury.  This  is  a  matter  of  record  in  this 
office  and  that  of  the  U.  S.  Attorney. 

Their  appeal  has  been  such  as  to  whet  the  appetite  of  the  very  worst  ele 
ments  of  the  Indian.  For  instance,  to  the  so-called  pagan  Indian,  a  vast 
sum  of  money  is  to  be  restored  him,  annuities  are  to  come  along  whenever 
he  needs  them.  This,  of  course,  to  him  brings  rosy  visions  of  not  being 
compelled  to  seek  a  living  by  work,  and  a  dream  of  easy  life  and  dances.  It 
also  affects  the  other  Indians  somewhat  inclined  to  be  lazy  and  not  work  by 
furnishing  them  with  prospects  of  easy  money  to  aid  in  living.  It  has  a 
certain  appeal  to  the  idle  and  worthless  Indian,  who  makes  a  practice  of 
subsisting  on  his  more  industrious  brother,  knowing  full  well  that  there 
will  be  a  full  larder  in  which  he  can  participate  either  in  meals  or  appeal 
for  a  loan  to  tide  himself  over  an  emergency. 

The  effect  of  the  whole  is  a  far  reaching  one.    It  is  about  as  follows: — 


125 

The  Indian  has  been  started  on  the  road  of  industrial  self-development.  He 
is  fairly  self-supporting  Suddenly  his  attention  is  drawn  to  this  fact, 
What,  you  have  plenty  of  money;  it's  a  crime  it's  withheld  from  you.  We'll 
get  it  for  you;  you  will  not  have  to  work  so  hard.  You  can  take  things 
easier.  The  Indian,  thinking  slowly,  comes  to  the  same  conclusion.  The 
microbes  in  his  blood  from  long  ago  ancestors  assert  themselves.  To  him 
his  wants  are  simple, — a  little  tea,  pork,  salt,  some  flour,  etc.,  and  once  more 
he  can  see  visions  of  ideal  contentedness.  Did  he  know  the  value  of  a 
dollar,  know  the  necessity  of  being  a  producer  of  something  to  take  the 
place  of  what  he  spent,  such  preaching  might  not  work  much  harm.  It  has 
been  my  experience  that  money  placed  in  the  Indian's  hands  for  which  he 
has  not  labored  is  a  curse.  This,  of  course,  excepts  the  aged,  the  helpless 
and  orphan  and  certain  Indians  materially  advanced. 

Respectfully, 

A.  S.  NICHOLSON, 

Superintendent. 


EXHIBIT  29D. 

Questions  asked  Mr.  A.  S.  Nicholson  by  Mr.  Edward  E.  Ayer, 
in  regard  to  the  selling  of  lumber  at  the  Menominee  Indian 
Mills,  December  12,  1913. 

Mr.  Ayer: 

Q.  How  much  of  the  cut  of  the  plant  is  sold  to  the  small  yards  direct? 
Mr.  Nicholson : 

A.  Less  than  two  million. 
Mr.  Ayer: 

Q.  Then  the  rest  is  sold  to  the  middleman? 
Mr.  Nicholson : 

A.  Yes,  sir. 
Mr.  Ayer: 

Q.  In  your  judgment,  how  much  do  middlemen  make  on  that  lumber? 
Mr.  Nicholson : 

A.  Not  less  than  $2.00  a  thousand. 


EXHIBIT  30. 

Congressman  Konop's  letter  of  December  31,  1913,  to  Mr.  F. 
H.  Abbott. 

WASHINGTON,  D.  C,  December  31,  1913. 
F.  H.  ABBOTT,  Secretary, 

Board  of  Indian  Commissioners, 

Washington,    D.    C. 
My  Dear  Mr.  Abbott: 

As  per  request  I  am  returning  to  you  the  statement  pertaining  to  the  Board 
of  Indian  Commissioners.  I  am  of  an  entirely  different  mood  relative  to 
this  Board  of  Indian  Commissioners  than  I  was  when  you  saw  me.  I  at 


126 

that  time  thought  that  this  Board  of  Indian  Commissioners  was  of  some 
service,  and  Mr.  Smiley  and  you  gave  me  that  impression.  You  also  told  me 
that  Mr.  Ayer,  who  was  sent  to  make  an  investigation  of  the  milling  opera 
tions  at  Neopit,  Wis.,  was  sent  there  to  make  a  bona  fide  honest  investiga 
tion  of  the  milling  operations.  From  the  testimony  that  he  has  been  gath 
ering  at  that  place,  and  from  the  acts  that  he  has  done  over  there,  I  have  lost 
absolutely  all  confidence  in  his  investigation  and  I  think  the  investigation  is 
absolutely  a  farce.  I  think  it  is  an  investigation  to  whitewash  Nicholson  of 
any  complaints  that  may  be  made  against  him. 

I  am  sending  you  a  sample  copy  of  some  of  the  testimony  that  this  man 
has  taken,  from  which  it  clearly  appears  that  he  is  not  making  an  investi 
gation  of  the  business  operations  at  Neopit,  but  is  prying  into  extraneous 
matters,  belittling  the  complaints  and  complainants.  I  want  to  ask  you 
whether  or  not  in  your  opinion  you  think  that  such  an  examination  has  any 
thing  whatever  to  do  with  business  operations  at  Neopit.  This  little  bit  of 
testimony  will  convince  any  man  that  this  man  Ayer,  instead  of  being  there 
to  investigate  matters  for  the  benefit  of  the  Indians,  is  there  to  pry  into  the 
complaints  made  and  belittle  them  as  much  as  possible. 

Very  truly  yours, 

(Signed)     THOMAS  F.  KONOP. 


Copy  of  Mr.  Edward  E.  Ayer's  letter  of  January  8,  1914,  to 
Congressman  Konop,  of  Wisconsin. 

CHICAGO,  January  8,  1914. 
CONRESSMAN  THOMAS  F.  KONOP,  Wisconsin, 

Washington,  D.  C. 
Dear  Sir: 

Mr.  F.  H.  Abbott  has  sent  to  me  your  letter  to  him  of  September  31,  1913. 

The  second  day  that  I  was  at  the  Menominee  Indian  Reservation  Mr. 
Tyrrell  said  to  me  that  you  and  Mr.  Ballinger  and  he  said  to  Commissioner 
Sells  that  you  would  look  with  suspicion  on  any  investigation  made  at  the 
Menominee  Reservation  by  anybody  that  Mr.  Abbott  was  associated  with. 
This  remark  introduced  me  to  a  type  of  men  that  I  have  never  met  before, 
men  who  would  voluntarily  insult  a  Government  Officer  who  was  selected  by 
the  Commissioner  of  Indian  Affairs  and  the  Secretary  of  the  Interior  to 
make  an  investigation,  before,  even,  the  investigation  was  started.  I  imme 
diately  told  Mr.  Tyrrell  that  Mr.  Ballinger's  and  his  opinion  was  a  matter 
of  entire  indifference  to  me  and  that  as  for  Congressman  Konop,  he  could 
go  to  Hades. 

I  ought  not  to  be  astonished  at  receiving  yours  of  December  31st  to  Mr. 
Abbott,  and  still,  I  am.  You  are  again  insulting  the  Board  of  Indian  Com 
missioners,  appointed  by  the  President  as  the  advisors  of  the  Indian  De 
partment  and  the  Secretary  of  the  Interior. 

Under  Act  of  April  10,  1869,  R.  H.  2039,  also  under  an  Executive  Order 
of  June  3,  1869,  and  an  Act  of  July  3,  1870,  R.  S.  2041,  and  especially  an  act 
of  May  29,  1872,  R.  S.  2042,  you  can  find  out  something  probably  new  to 
you  in  regard  to  the  powers  of  the  Commission. 

Of  course  the  motive  of  Mr.  Ballinger  and  Mr.  Tyrrell  is  well  known,  that 
is,  to  get  $8,000  a  year  for  being  attorneys  of  the  Menominee  Indians.  What 


127 

yours  can  possibly  be  in  thus  grossly  attacking  a  body  of  gentlemen  who  are 
working  without  salary,  and  in  some  cases  much  expense  to  themselves,  it  is 
almost  impossible  to  imagine. 

I  have  the  most  profound  respect  for  the  United  States  Senate  and  the 
House  of  Representatives,  but  to  my  mind  your  being  a  member  of  the 
House  only  shows  that  accidents  may  happen  to  the  best  regulated  families, 
and  I  feel  sure  that  your  district,  in  the  grand  State  of  my  nativity,  will  see 
to  it  that  the  accident  does  not  happen  a  second  time. 

I  am  making  your  letter  and  my  answer  to  you  a  part  of  my  report  on  the 
Menominee  Indian  Reservation,  and  have  also  had  your  letter  photographed 
for  future  reference.*  I  am  also  sending  a  copy  of  your  letter,  and  my 
answer  to  it,  to-day  to  Commissioner  Sells  and  Secretary  Lane,  that  they 
may  see  in  advance  the  outside  efforts  at  work  to  try  to  influence  my  inves 
tigation. 

Yours  very  truly, 

(Signed)     EDWARD  E.  AVER. 

*NoTE — My  saying  to  Mr.  Konop  that  I  should  keep  his  letter  for  future 
reference  certainly  didn't  mean  that  I  should  use  it  politically  against  him,  of 
course,  as  I  would  not  do  that  under  any  circumstances ;  and  I  take  pleasure 
in  saying  that  upon  Congressman  Konop  getting  better  posted  on  what  was 
going  on  in  my  investigation  on  the  Menominee  Indian  Reservation  and  the 
general  work  of  the  Commission,  it  must  have  entirely  changed  his  mind 
because  he  has  been  a  constant  and  hearty  supporter  of  the  Indian  Commis 
sion  ever  since. 


EXHIBIT  31. 

Letter  from  Mr.  Reginald  Oshkosh,  of  the  Menominee  Indian 
Tribe,  to  Mr.  Edward  E.  Ayer,  dated  Neopit,  Wisconsin,  Janu 
ary  10,  1914. 

NEOPIT,  Wis.,  Jan.  10th,  1914. 
HON.  EDWARD  E.  AVER, 

Chicago,  111. 
SIR: 

In  my  efforts  to  furnish  you  the  information  and  my  opinions  concerning 
Mr.  D.  F.  Tyrrell  of  Gillette,  Wisconsin,  an  attorney  at  law,  who  professes 
to  be  representing  the  Menominee  tribe's  interest,  will  be  similar  to  that  of 
any  other  full  blood  and  original  member  of  the  Menominee  tribe,  because 
the  various  statements  herein  contained  are  obtained  through  rumors  or 
gossip  only  that  are  being  circulated  among  the  Indians  by  Mr.  Tyrrell's 
associates,  and  not  by  records  of  the  Menominee  Tribal  Council  as  is  the 
custom. 

Mr.  Tyrrell's  solicitation  among  the  Indians  as  their  counselor  is  being 
entertained  entirely  by  the  descendants  of  the  mixed  bloods  who  withdrew 
from  the  Menominee  tribe  under  the  treaty  of  1849,  and  who  through  the 
sympathy  of  the  generous  Menominee  tribe  have  just  recently  been  adopted 
into  the  tribe,  as  well  as  the  half-breeds  of  the  wandering  bands  who  de 
serted  the  Menominee  tribe  in  time  of  need,  about  the  year  1855,  and  who 
likewise  have  been  reinstated  into  the  tribe  only  a  short  period  of  time  and 


128 

from  the  full-blood  and  original  members  of  the  tribe  the  inside  facts  of 
their  real  purpose  and  which  I  will  endeavor  to  explain  later. 

We  understand  that  Mr.  Tyrrell  in  his  talks  to  few  of  the  Indians  in  his 
several  mass  meetings  with  them  while  he  was  on  the  reservation,  is  that  the 
Government  is  not  conducting  our  tribal  affairs  properly  under  the  present 
administration,  and  that  he  would  show  the  tribe  that  their  money  is  being 
wasted,  both  at  Keshena  and  Neopit,  Wisconsin,  and  that  he  could  prevent 
all  this  waste  by  representing  the  tribe's  interest  himself  and  then  cause  a 
thorough  Congressional  investigation  which  would  then  result  in  the  removal 
of  the  present  officials  and  then  he  could  chose  whom  he  pleased  from  his 
party  and  assign  them  to  the  vacant  offices. 

These  actions  of  his,  of  course,  is  only  keeping  the  Indians  in  a  state  of 
continuous  uproar  and  that  means  no  benefit  to  the  Indians ;  that  is  what  I 
think  about  it. 

We  understand  that  the  contractors  from  whom  the  Government  deducted 
certain  moneys  on  "blow  down"  should  have  their  claims  paid.  The  white 
contractor  seems  to  be  more  anxious  to  have  this  claim  paid  than  the  Indian 
contractor  is. 

The  tribe  does  not  see  no  good  reasons  why  these  claims  should  be  paid 
for  the  following  reasons : — 

The  majority  of  the  contractors  were  white  men,  such  as  Wallie  Cook 
of  Oconto,  Wisconsin,  better  known  as  the  Lumber  Crook ;  August  Ander 
son  of  Shawano,  Wisconsin,  whom  the  Government  is  now  prosecuting  for 
defrauding  the  Government  on  reservation  timber  and  land,  who  did  under 
take  to  defraud  the  Government  in  the  scaling  of  the  blown  down  timber  they 
did  cut  and  hauled  to  landings.  Mr.  Tyrrell,  who  has  been  telling  the  In 
dians  for  over  a  year  about  the  wasting  of  timber  on  this  reservation,  is  the 
attorney  for  these  contractors  who  did  cut  and  left  logs  on  skids  that  was 
never  hauled  to  the  mills  or  landings,  which  can  be  found  all  over  the  blown 
down  district  at  any  time  now  deteriorating.  Mr.  Tyrrell  does  not  think  it 
is  a  waste.  If  this  is  not  a  waste,  I  do  not  know  what  a  waste  is. 

The  reason  why  I  have  said  that  the  majority  of  the  contractors  were  white 
men  is  that  the  white  men  done  the  logging  under  an  Indian  name,  and 
indeed  very  little,  if  any  at  all,  did  the  Indian  benefit  out  of  the  profits.  The 
Indian  paid  very  few  visits  to  his  logging  camps ;  in  some  cases,  I  under 
stand,  the  Indians  had  never  seen  their  logging  camps. 

Mr.  Tyrrell  is  prosecuting  the  Menominee  tribe  to  recover  the  claims  of 
individual  Menominee  Indians  who  were  in  partnership  with  these  white 
men  in  cutting  this  blown  down  timber  and  who  did  try  to  defraud  the  Gov 
ernment  on  the  scale,  and  in  many  other  ways  did  not  live  up  to  their  con 
tracts.  I  do  not  see  the  tribe's  benefits  in  this,  since  I  understand  the  money 
that  Mr.  Tyrrell  demands  is  to  be  paid  out  of  the  tribal  funds,  I  do  not 
know  from  any  other  source. 

Mr.  Tyrrell  and  his  associates  are  inspiring  in  the  minds  of  the  Indians 
that  one  million  four  hundred  and  forty-eight  thousand  dollars  of  the 
Menominee  Indian  money  has  been  wasted  in  the  logging  and  milling  opera 
tions  under  the  act  of  March  28th,  1908  (35  Stat.  L.,  51),  by  the  present 
administration. 

According  to  my  observations  and  as  far  as  my  knowledge  is  concerned,  in 
the  records  of  the  Neopit  office  outside  of  the  blown  down  timber  question, 
I  cannot  see  any  waste  that  would  amount  to  those  figures.  Mr.  Tyrrell 


129 

claims  to  be  able  to  secure  a  payment  to  the  Menominee  tribe  on  certain 
claims  known  as  the  two-mile  strip  claim. 

Soon  after  the  ratification  of  the  Munsee-Stockbridge  Treaty  of  1856,  a 
mutual  agreement  was  made  by  these  two  tribes  with  the  Menominee  tribe, 
in  which  it  was  agreed  to  exchange  land  as  follows :  The  Munsee-Stock 
bridge  tribes  agree  to  give  to  the  Menominee  tribe  a  two-mile  strip  of  land 
located  on  the  north  side  of  T.  28  N.  R.  13  E.  and  T.  28  N.  R.  14  E.,  for  a 
two-mile  strip  of  land  located  on  the  west  side  T.  28  N.,  R.  15  E.,  on  the 
Menominee  Reservation.  While  occupying  this  land  the  Munsee-Stock 
bridge  tribes  cut  and  sold  the  merchantable  pine  timber  off  from  it. 

In  the  meantime,  by  Act  of  Congress  Feb.  6,  1871  (16  Stat,  404),  sold  the 
following  Munsee-Stockbridge  land,  T.  28  N.,  R.  13  E.,  and  the  north  half 
of  T.  28  N.,  R.  14  E.  This  included  the  two-mile  strip  given  to  the  Menom 
inee  tribe  under  the  mutual  agreement,  without  their  knowledge  and  con 
sent,  and  immediately  after  the  discovery  of  the  sale  the  Menominee  tribe 
demanded  the  forfeiture  of  the  two-mile  strip  on  T.  28  N.,  R.  15  E.,  and 
vacate  as  well. 

After  many  years  had  elapsed  the  business  committee  of  the  Menominee 
tribe  demanded  an  indemnity  from  the  Munsee-Stockbridge  tribes  for  all  the 
timber  they  had  cut  and  sold  from  these  lands. 

About  the  year  of  1901  a  meeting  was  held  at  Keshena,  Wisconsin,  between 
the  Munsee-Stockbridge  Tribes'  Committee  and  Menominee  Business  Com 
mittee,  to  adjust  this  claim.  Each  committee  was  then  represented  by  one  of 
its  members  while  the  Government  was  represented  by  the  logging  superin 
tendent  of  Keshena,  Wisconsin,  to  go  over  the  country  and  ascertain  the 
amount  of  timber  cut  and  sold  by  the  Munsee-Stockbridge  tribes. 

In  their  report  they  claim  that  they  found  it  absolutely  impossible  to  ascer 
tain  by  whom,  where  and  the  amount  of  timber  that  was  cut  on  those  lands, 
for  the  reason  that  the  Menominee  Indians  have  been  cutting  some  timber 
from  the  same  lands  since  the  Munsee-Stockbridge  tribes  vacated  it,  and  that 
the  stumps  were  so  decayed  and  defaced  by  forest  fires  that  nothing  was 
accomplished. 

And  the  land  and  money  that  had  been  held  in  trust  for  the  Munsee- 
Stockbridge  tribes  by  the  government  had  all  been  distributed  among  them, 
and  the  committee  were  unable  to  adjust  the  matter. 

Therefore,  I  see  no  way  by  which  a  lawyer  or  anybody  else  can  solve  this 
question. 

Mr.  Tyrrell  claims  to  be  able  to  restore  to  the  Menominee  tribe  their  title 
to  Section  16  and  swamp  lands  now  claimed  by  the  State  of  Wisconsin,  and 
which  question  is  now  before  the  Supreme  Court  of  the  United  States.  We 
full  blood  Menominee  Indians  doubt  very  much  in  Mr.  Tyrrell's  ability,  and 
we  object  to  his  doing  anything  in  the  case,  for  we  know  no  other  that  is 
more  able  to  restore  our  title  to  us  than  the  United  States  Government,  and 
which  means  no  expense  to  the  tribe. 

Mr.  Tyrrell  claims  to  be  able  to  secure  annuity  payments  for  the  Menom 
inee  tribe.  We  believe  this  is  absolutely  unnecessary  to  go  through  to  the 
expense  in  employing  an  attorney  for  this  purpose  only,  and  at  the  end  have 
his  fees  deducted  from  each  one  of  our  shares,  when  it  can  be  secured  by  the 
superintendent  of  the  reservation  as  it  has  always  been  done  in  the  past. 

The  inside  facts  of  Mr.  Tyrrell's  real  purpose  is  this : 

Paying  positions,  land,  money,  timber  and  other  properties  of  the  reserva- 


130 

tion  that  are  of  any  value  has  been  the  spoils  for  the  unscrupulous  political 
grafter  in  the  past. 

Once  more  as  he  gazed  upon  the  tempting  magnificent  belt  of  timber  on  our 
reservation  the  unmerciful  rich  lumberman  who  has  reaped  his  rich  harvest 
from  it  for  thirty-two  years,  is  not  by  any  means  discouraged  by  the  de 
terminating  efforts  of  the  Government  in  lending  a  protecting  hand  to  its  wards 
against  the  grafters  who  are  now  rapidly  losing  their  grasps  with  much 
regret.  The  methods  under  which  the  Government  is  handling  Indian  affairs 
now  are  poison  to  the  grafter,  and  they  are  now  using  different  tactics  to 
overcome  it. 

First  a  meeting  is  necessary  to  organize  properly.  Members  of  the  organ 
ization  (the  merchant,  lumberman,  land  speculator,  banker  and  the  lawyer) 
then  their  course  is  outlined  as  follows :  An  officer  must  be  detailed  to  the 
National  Capital  (Mr.  Ballinger)  whose  duties  it  shall  be  to  bring  to  bear 
all  his  influence  over  every  department  of  the  Government  that  has  jurisdic 
tion  over  Indian  affairs  and  over  all  Members  of  Congress  until  their  aim  is 
accomplished. 

Second  officer,  the  most  important,  whose  qualifications  must  be  of  the 
ruthless  type  (D.  F.  Tyrrell)  who  is  to  be  detailed  to  the  reservation,  and 
his  duties  are  to  approach  the  lazy,  shiftless  and  low-bred  half-breeds  who  are 
as  a  general  rule  easy  victims  to  small  bribes,  and  who  are  to  be  the  tools 
(Tom  Prickett  and  others),  whose  duties  are  to  be  to  penetrate  into  the 
Indian  country  and  destroy  the  tribe,  a  protecting  power,  then  preach  mis 
representation  concerning  the  management  of  their  affairs  by  the  Govern 
ment  and  create  dissatisfaction  among  them,  induce  them  to  terminate  their 
relation  with  the  Government  as  wards  and  divide  the  reservation  resources. 

If  this  is  done  then  Mr.  Tyrrell's  real  purpose  is  accomplished.  The 
Indian  then  is  once  more  an  easy  picking  for  grafter. 

Will  be  pleased  to  furnish  any  information  to  you  at  any  time  that  will 
mean  the  betterment  to  my  people. 
Respectfully, 

(Signed)     REGINALD  OSHKOSH. 


EXHIBIT  32. 

I  beg  to  present  the  views  of  a  gentleman  I  met  on  the  reser 
vation,  who  did  not  care  to  have  his  name  mentioned,  but  who 
had  had  great  experience  with  the  Indians  and  had  thought  of 
the  subject  a  great  deal,  and  who  expresses  the  following  views 
and  suggestions : 

I  do  not  know  of  any  case  of  abject  suffering  among  the  sick  or  old  or 
poor,  or  that  they  were  not  helped  when  in  real  need,  either  by  their  neigh 
bors,  or  were  refused  help  by  the  agent.  There  are,  of  course,  sick  people 
and  poor  people  as  everywhere,  but  the  former  received  rations  when  old 
and  unable  to  work  and  the  others  were  taken  to  the  hospital,  if  they  could 
be  induced  to  go  there.  I  do  not  know  of  any  case  where  a  sick  person  was 
refused  admission  to  the  hospital  if  the  circumstances  demanded  it. 

As  regards  tuberculosis  and  trachoma  I  must  say  that  there  have  always 
been  cases  of  both ;  whether  they  are  on  the  increase  or  not  I  do  not  know, 


131 

as  in  former  years  the  disease  was  not  tabulated  so  carefully  as  now.  If 
the  death  record  among  the  Catholic  Indians  shows  anything,  it  shows  that 
the  health  of  the  tribe  in  late  years  is  better  than  ever  before. 

Also  in  regard  to  intemperance  in  drinking,  quite  a  change  for  the  better 
has  come  the  last  5  years  or  so.  It  happens  now  rarely  that  an  Indian  is 
found  drunk  on  the  reservation.  It  does  occur,  of  course,  now  and  then, 
but  never  goes  unpunished  if  found  out.  However,  if  instead  of  being  de 
ported  to  Milwaukee  to  serve  their  time,  drunkards  would  be  made  to 
serve  their  sentence  on  the  reservation,  either  improving  the  roads  or 
clearing  land,  I  think  it  would  be  better,  especially  in  the  case  of  married 
men.  The  real  hardship  of  the  punishment  in  such  cases  falls  on  the  family 
of  the  drunkard,  and  his  wife  is  exposed  to  great  moral  danger  during  the 
absence  of  the  husband. 

In  regard  to  the  mill  at  Neopit,  I  must  say,  as  far  as  I  can  see,  that  it 
has  been  a  benefit  to  many  Indians,  as  it  gave  them  work,  and  several  Indians 
have  done  very  well ;  they  have  now  decent  houses  and  are  working  steadily 
and  are  making  a  fair  livelihood  and  are  in  every  way  better  situated  than 
they  were  before  the  mill  was  built. 

I  think,  too,  that  every  Indian  who  was  willing  to  work  could  find  work, 
and  if  he  proved  steady  and  competent,  was  paid  fair  wages.  The  com 
plaint  about  the  mill  since  its  erection  was  that  it  takes  all  the  Indians' 
money  and  was  not  making  any  for  the  Indians.  Of  course  the  construction 
of  the  plant  was  a  great  expense,  but  if  managed  properly  it  would  be 
bound  to  make  money  and  return  a  fair  profit  on  the  investment.  Perhaps 
a  private  concern  could  run  it  cheaper,  not  having  to  employ  such  a  large 
office  force,  and  not  being  obliged  to  make  so  many  exceptions  in  employing 
men  and  being  so  restrained  in  disposing  of  the  lumber. 

And  now,  as  to  the  farming  proposition.  I  am  convinced  that  farming 
would  indeed  be  the  salvation  of  the  Indian  and  the  only  way  to  civilize  him 
eventually.  However,  the  steady  work  on  a  farm  is  not  to  his  liking  and  he 
is  easily  discouraged,  if  he  cannot  get  the  result  of  his  labor  right  away. 

I  think  that,  allotting  to  every  Indian  who  is  willing  to  farm,  80  or  120 
acres,  to  be  his  permanent  home,  and  to  advance  him  the  money  for  improv 
ing  the  same,  would  be  a  step  in  the  right  direction  to  solve  the  Indian 
problem,  and  to  make  him  self-supporting.  The  condition,  though,  of  getting 
additional  assistance  should  be:  making  new  improvements,  say,  for  every 
acre  of  land  cleared  and  cultivated  advance  $20.00  of  value  thereof  in 
implements,  seed,  etc.,  this  to  be  charged  to  his  balance.  Also  that  a  certain 
number  of  horses  and  cattle  be  maintained  and  food  for  same  raised  and 
stored  on  the  premises. 

The  officer  to  look  after  this  work  should  have  authority  to  compel  them 
to  work  on  the  farm,  otherwise  nothing  will  come  of  all  the  regulations. 

It  would  be  good  policy  and,  I  think,  necessary  to  advance  them  money 
for  the  work  they  do  on  the  farm,  until  they  would  have  40  acres  or  so 
under  plow,  because  otherwise  they  are  obliged  to  work  away  from  home 
to  get  the  necessary  subsistence  and  no  improvement  is  possible. 

The  old,  sick  and  disabled  to  work  would  have  to  be  supported  as  now  by 
rations  and  annuity.  Those  working  at  the  mill  or  at  a  trade  might  get 
help  for  building  a  house  or  making  improvements  on  same ;  but  those  able 
to  work  should  be  made  to  work  in  order  to  get  the  use  of  their  own  money. 
I  know  this  seems  unjust,  as  the  money  belongs  to  the  Indian;  yet  if  he 
can  get  it  without  work  and  spend  it  as  he  pleases,  the  result  will  be  that 


132 


the  Indian  will  ever  remain  only  a  consumer  and  never  a  provider,  and 
when  his  substance  is  all  wasted  he  will  be  a  charge  to  the  poorhouses. 
Actual  conditions  and  the  experience  of  many  years,  I  think,  are  proof 
enough  that  money  obtained  without  work  is  a  curse,  not  a  blessing,  for  the 
Indian.  For,  big  child  that  he  is,  he  does  not  look  ahead,  but  only  at  what  he 
needs  today,  and  so  he  wastes  his  ready  money  for  whatever  strikes  his  fancy 
and  tickles  his  passion,  and  thus  he  grows  up  improvident  and  careless,  and 
fruitless  as  the  poor  Indian  we  know  today.  He  will  have  a  good  time  for 
a  day  or  two  and  for  the  rest  of  the  year  he  is  in  need  and  misery. 


EXHIBIT  33. 


d 


<2  .2 

4->  rt 
S  £ 
C^  Q, 

VnO 

u 

1 1 


-3 
3 

2 
"o 


o 

£ 


I 


July  1-10  to  Sept.  30-11: 

31,071,260  639,548  27,073,154  $45,389.60 
Oct.  1-11  to  Sept.  30-12: 

31,504,420  1,971,457  33,923,618  50,926.42 
Oct.  1-12  to  Sept.  30-13 : 


K 
$15,147.42 

33,277.54 


$60,537.02 
84,203.96 


33,712,710  2,839,980   42,070,064    42,931.64    57,540.93   100,472.57 


96,288,390     5,450,985     103,066,836     $139,247.66     $105,965.89     $245,213.55 

Net  profit  to  Menominee  Indian  Mills  over  and  above  stumpage. 
This  is  assuming  that  the  Mills  bought  and  paid  for  the  stump- 
age  cut,  at  the  rates  shown  on  statements  hereto  attached $245,213.55 

July  1,  1910,  to  Sept.  30,  1911, 

Credited  to  stumpage  and  charged  against  operation 227,304.57 

Oct.  1,  1911,  to  Sept.  30,  1912, 
Credited  to  stumpage  and  charged  against  operation 112,144.78 

Oct.  1,  1912,  to  Sept.  30,  1913, 

Credited  to  stumpage  and  charged  against  operation 103,726.82 


$688,389.72 
Profit  to  Menominee  Indian  Tribe  ......   103,066,836  ft.  at  $6.67  M  stumpage 

NOTES. 


If  the  net  profits  on  all  operations  of  the  Menominee  Indian  Mills  were 
credited  to  stumpage  account  in  addition  to  the  regular  stumpage  rates  as 
instructed  by  the  U.  S.  Indian  Office  (letter  Feb.  5,  1912—1.  O.  File  102661— 
1911)  then  the  Menominee  Tribe  of  Indians  have  received  an  average  of 


133 

$6.67  per  thousand  feet  for  their  timber  cut  during  the  period  from  July  1, 
1910,  to  Sept.  30,  1913. 

The  cash  investment  on  capital  stock  of  the  Menominee  Indian  Mills  on 
July  1,  1910,  is  $1,062,106.79. 

The    foregoing   amounts   of   net   profit   then    show   a   net   earing   on   this 
investment  as  follows : 
Jnly  1,  1910,  to  Sept.  31,  1911 : 

15  months,  net 4.2%  per  annum  after  deducting  stumpage 

Oct.  1,  1911,  to  Sept.  30,  1912: 

12  months,  net 7.9%  per  annum  after  deducting  stumpage 

Oct.  1,  1912,  to  Sept.  30,  1913  : 

12  months,  net 9.4%  per  annum  after  deducting  stumpage 


Average  net 7  %  per  annum  after  deducting  stumpage 

The  net  loss  on  operations  previous  to  July  1,  1910,  is  $269,695.92,  which 
should  be  taken  off  the  books  of  the  Menominee  Indian  Mills  and  the 
capital  invested  be  reduced  that  amount  to  $792,410.87,  the  true  amount  of 
assets  the  Menominees  had  to  conduct  their  business  with  on  July  1,  1910, 
which  would  show  the  percentage  of  profit  on  the  capital  invested  as  follows : 
July  1,  1910,  to  Sept.  30,  1911 : 

15  months,  net 5.7%  per  annum  after  deducting  stumpage 

Oct.  1,  1911,  to  Sept.  30,  1912 : 

12  months,  net 10.6%  per  annum  after  deducting  stumpage 

Oct.  1,  1912,  to  Sept.  30,  1913 : 

12  months,  net 12.7%  per  annum  after  deducting  stumpage 


Average  net 9.5%  per  annum  after  deducting  stumpage 

RECEIPTS  AND  DISBURSEMENTS. 

July  1,  1910,  to  Sept.  30,  1911 : 

Receipts    $520,169.49 

Disbursements    509,732.18 

$10,437.31 
Oct.  1,  1911,  to  Sept.  30,  1912: 

Receipts    : . .     634,408.47 

Disbursements    439,343.80 

195,064.67 
Oct.  1,  1912,  to  Sept.  30,  1913: 

Receipts    722,644.71 

Disbursements    476,660.36 

245,984.35 


Total  receipts  over  disbursements $451,486.33 

Net  profit  $245,213.55 

Stumpage    443,176.17 


Total    profit     $688,389.72 

Excess  of  receipts  over  disbursements 451,486.33 


Difference   $236,903.39 


134 

This  difference  is  accounted  for  by  the  fact  that  there  are  considerable 
more  products  on  hand  in  the  yard  on  Sept.  30,  1913,  than  there  were  on 
July  1,  1910,  there  being  28,325,980  feet  of  timber  at  close  of  Sept.  30, 
1913,  against  22,178,966  feet  on  July  1,  1910,  also  considerable  lath,  shingles 
and  other  products,  and  also  by  the  fact  that  the  Menominee  Indian  Mills 
have  during  this  period  from  July  1,  1910,  to  Sept.  30,  1913,  enlarged  their 
plant  considerably,  among  some  of  which  are  the  building  of  approximately 
15  miles  of  railroad,  railroad  round  houses,  coal  bins,  purchase  of  two 
engines,  65  log  cars,  caboose  and  railroad  supplies,  etc.  Construction  of 
several  permanent  dwellings  for  employees,  construction  and  repair  of 
dwellings  for  Indians,  construction  of  lumber  yard,  tramways  and  pile  bot 
toms  to  take  cars  of  38  to  40  million  feet  of  lumber  instead  of  22  million 
on  hand  July  1,  1910,  construction  of  planing  mill,  including  purchase  of 
machinery,  etc.,  to  double  its  capacity  since  July  1,  1910,  enlargement  of 
mill  to  handle  and  manufacture  by-products  from  slabs  and  refuse ;  and 
sundry  other  improvements  to  the  plant,  also  purchase  of  horses,  lumber 
buggies  and  sundry  other  equipment  and  supplies  necessary  to  facilitate  the 
handling  of  a  greater  volume  of  business  (31  to  36  million  feet  of  lumber 
per  year  against  20  million  feet  per  year  previous  to  July  1,  1910,  besides 
other  by-products  such  as  grating,  pickets,  slabs,  etc.)  and  which  appear  in 
our  statement  of  resources  and  which  of  course  do  not  affect  the  amount 
of  profit  made  and  shown,  but  reduce  cost  items  and  increase  products. 
Plant,  equipment  and  other  items  in  the  statement  of  resources,  and  are  of 
course  on  hand  and  carried  at  their  cost  (less  a  reasonable  depreciation) 
for  future  operations.  These  years  operating  have  of  course  stood  their 
depreciation  as  per  annual  statements,  amounting  to  $181.754.66  for  this 
period,  July  1,  1910,  to  Sept.  30,  1913,  and  as  instructed  by  the  Indian 
Office,  which  if  not  charged  against  operations  would  make  net  profit  that 
much  greater. 

The  reasons  for  the  receipts  being  only  $10,467.31  over  and  above  the 
disbursements  (not  the  profit)  during  the  period  from  July  1,  1910,  to  Sept. 
30,  1911,  are,  that  considerably  more  products  were  on  hand  in  the  yard 
on  Sept.  30,  1911,  than  on  July  1,  1910,  there  being  36,455,835  feet  of  lumber 
alone  on  Sept.  30,  1911,  against  22,178,966  feet  on  July  1,  1910,  besides  more 
lath  and  other  products ;  also  that  during  this  period  the  greater  part  of 
the  expense  building  the  railroad,  purchasing  engines,  logging  cars,  railroad 
supplies,  etc.,  building  of  several  permanent  dwellings. 

The  reason  for  the  net  profit  on  lumber  being  only  $45,389.60  for  this  15 
months  period  is  that  considerable  lumber  that  was  on  hand  in  the  yard  on 
July  1,  1910,  was  cut  from  dead  and  down  timber,  and  was  sold  at  a  loss, 
and  as  our  green  cut  was  piled  with  the  dead  and  down  timber  in  order  to 
better  dispose  of  it,  and  owing  to  the  cramped  conditions  of  the  yard,  it 
was  necessary  to  pile  the  green  cut  with  the  dead  and  down  so  that  it  was 
a  physical  impossibility  to  account  for  each  cut  separately. 

The  overrun  of  logs  into  lumber  during  the  period  from  July  1,  1910,  to 
Sept.  30,  1913,  is  4,383,969,  more  than  enough  to  make  up  the  difference 
between  amount  of  logs  cut,  and  lumber  sold  during  this  period  and  as  there 
was  an  inventory  of  logs,  lumber  and  other  products  on  hand  at  the  end  of 
each  accounting  period,  July  1,  1910,  Sept.  30,  1911,  1912,  and  1913,  with  the 
exception  of  taking  into  consideration  the  sale  of  dead  and  down  lumber 
during  1910  and  1911,  it  is  safe  to  assume  that  the  yearly  cuts  of  logs 
shown  in  the  foregoing  statements  were  cut  into  lumber  and  other  by 
products  and  sold. 


135 


Stumpage  prices  are  about  what  maintain  throughout  this  part  of  the 
country  where  the  same  class  and  species  of  timber  are  cut  and  manufac 
tured. 

This  information  was  obtained  by  actual  inquiry  from  15  of  largest  opera 
tions  in  this  section  of  Wisconsin,  Michigan  and  Minnesota,  all  exchanging 
stumpage  prices.  Such  firms  as  Sawyer  Goodman  &  Co.,  The  Stephenson 
Co.,  Diamond  Lumber  Company,  Brown  Bros.  Lumber  Co.,  Cloquet  Lumber 
Co.,  Virginia  &  Rainey  Lake  operations,  and  others.  It  also  compares  with 
information  gathered  by  the  U.  S.  Forest  Service. 


LOGS  CUT  OCT.  l,  1912,  TO  SEPT.  30,  1913. 
CHARGED  THEREON. 

3,065,280  Ft.  Pine,    at    $11.01 


290,800 

Norway,  at   

6.81 

23,088,250 

Hemlock,   at  

1.51 

2,547,170 

Birch,   at    

4.01 

1,747,520 

Maple,    at    

1.76 

938,420 

Basswood,  at    

6.26 

9,950 

Rock  Elm,  at  

5.01 

172,000 

Soft  Elm,  at    

4.21 

128,960 

Ash,  at   

5.01 

248,970 

Tamarack,  at   

2.41 

48,610 

Oak,  at   

11.51 

6,010 

Beech,  at   

2.41 

7,090 

Spruce,   at    

4.66 

AND  STUMPAGE 

$33,748.72 
1,980.34 
34,863.23 
10,214.15 
3,075.63 
5,874.51 
49.85 
724.12 
646.09 
600.01 
559.50 
14.77 
33.03 


$92,383.97 


22,299,030  Ft. 
Average  $2.86  per  M. 
Above  sawed  into  Lumber. 

2,839,980  Ft.  Logs  and  Timber  cut  and  used  in  Construction 
of  Plant,  Railroad,  etc.,  also  for  shingles,  posts, 
poles,  ties  and  miscellaneous  operations $11,342.85 


35,139,010  $103,726.82 

1,413,630  Ft.  Dead  and  Down  Logs  cut  also,  on  which  no  stumpage  is  charged. 


36,552,690  Ft. 


Average  $2.08  per  M. 

Average  Stumpage  from  July  1,  1910,  to  Sept.  30,  1913,  is 
$4.35  per  M   Log  Scale. 


136 


LOGS  CUT  JULY  i,  1910,  TO  SEPT.  30,  1911,  AND  STUMPAGE 
CHARGED  THEREON. 

16,915,300  Ft.  Pine,   at    $11.01  $186,237.45 

8,273,950         Hemlock,   at    1.51  12,493.66 

1,569,770         Norway,    at    6.81  10,660.13 

1,699,730         Maple,  at  1.76  2,991.52 

629,700         Birch,  at    4.01  2,525.10 

1,231,990         Basswood,  at   6.26  7,712.26 

322,000         Rock  Elm,  at   5.01  1,613.22 

368,250         Soft    Elm,    at 4.21  1,550.33 

12,780         Oak,   at    11.51  147.10 

13,290        Ash,  at   5.01  66.58 

370         Hickory,  at   5.16  1.91 

34,130        Tamarack,  at    2.41  82.25 

31,071,260  Ft.  $226.081.51 

Average  $7.27  per  M. 

Above  sawed  into  Lumber. 

639,548  Ft.  Logs  and  Timber  cut  and  used  in  construction  of 

Plant,  etc.,  also  for  shingles,  posts,  poles  and 

miscellaneous  operations  $1,223.06 


31,710,808  Ft. 
Average  $7.16  per  M. 


$227,304.57 


LOGS  CUT  OCT.  1,  1911,  TO   SEPT.  30,  1912,  AND   STUMPAGE 
CHARGED  THEREON. 


5,314,960  Ft.  White   Pine,   at $11.01 

700,370  Norway,   at   6.81 

21,779,450  Hemlock,   at    1.51 

516,610  Maple,  at   1.76 

1,938,270  Birch,    at    4.01 

326,010  Basswood,  at    6.26 

49,270  Tamarack,    at    2.41 

32,740  Rock   Elm,    at 5.01 

16,780  So'ft    Elm,    at 4.21 

3,720  Oak,  at   c. 11.51 

16,700  Ash,   at    5.01 

48,380  Beech,    at    2.41 


$58,517.70 

4,769.51 

32,886.97 

909.13 

7,772.46 

2,040.82 

118.74 

164.03 

70.64 

42.82 

83.66 

116.59 

$107,493.07 


30,743,260 
Average  $3.80  per  M. 
Above  sawed  into  Lumber. 

1,971,457  Ft.  Logs  and  Timber  cut  and  used  in  construction  of 
Plant,  Railroad,  etc.,  also  for  shingles,  posts, 
poles,  ties  and  miscellaneous  operations $4,651.71 


32,714,717 


$112,144.78 


137 


761,160  Ft.  Dead  and  Down  Logs  cut  also  on  which  no  Stumgape 
was  charged. 


33,475,877  7 

Average  $3.35  per  M. 


EXHIBIT  33A. 


Stumpage  Rates. 


Specie 
White    pine  

Per  cent, 
of  Stand 
.10 

R 

as  ! 
Feet  of 
Stand 
175,000,000 
35,000,000 
700,000,000 
262,500,000 
87,500,000 
262,500,000 
105,000,000 
52,500,000 
17,500,000 
17,500,000 
13,125,000 
4,375,000 
6,562,500 
8,750,000 
1,093,750 
1,093,750 

ate  of  Sti 
Recomrm 
Oconto 
Co. 
$11.00 
5.00 
3.00 
2.00 
5.00 
8.00 
8.00 
7.00 
15.00 
2.00 
5.00 
2.20 
4.65 
2.40 
1.50 
5.15 
5.15 

impage 
:nded  by 
Indian 
Office 
$11.00 
6.80 
1.50 
1.75 
4.00 
6.25 
5.00 
4.20 
11.50 
3.00 
5.00 
2.20 
4.65 
2.40 
2.40 
5.15 
5.15 

Amount 
$1,925,000.00 
238,000.00 
1,050,000.00 
459,375.00 
340,000.00 
1,640,625.00 
525,000.00 
220,500.00 
201,250.00 
52,500.00 
65,625.00 
9,625.00 
30,515.62 
20,900.00 
2,625.00 
5,632.28 

Norway    pine    

.02 

Hemlock    

.40 

Maple    

.15 

Birch    

.05 

Basswood    

.15 

Rock  elm   

.06 

Soft    elm    

.03 

Oak    

.01 

Cedar    

.01 

Ash    

.0075 

Balsam   

.0025 

Spruce    

.00375 

Tamarack    

.0050 

Beech    

.000625 

Butternut    

.000625 

Hickory    

1.  1,750,000,000  3.88  Av.6,787, 172.90 

NOTE — The  above  stumpage  prices  have  been  recommended  by  Indian  Office 
(letter  of  Feb.  5,  1912,  I.  O.  File  102661-1911).  The  percentage  of  stand 
has  been  fixed  arbitrarily  by  Neopit  office,  based  on  opinions  of  the  different 
logging  superintendents.  Timber  has  never  been  cruised  and  estimated. 
Above  rates  of  stumpage  are  to  be  used  by  the  Menominee  Indian  Mills  in 
wiping  out  the  stumpage  account,  charging  cost  of  logs  with  same  as  they 
are  cut.  To  the  above  rates  will  be  added  one  cent  (lc.)  per  thousand  feet 
to  wipe  out  cost  of  50%  of  burning  brush  and  entire  cost  of  fighting  forest 
fires,  which  have  been  charged  to  the  stumpage  account,  this  expense  being 
incurred  for  the  protection  of  the  standing  timber. 


138 


EXHIBIT  33B. 

Total  cut  of  each  class  of  Timber  during  three  years,  with 
stumpage  recommendations  of  The  Oconto  Company  and  that 
used  by  the  Neopit  office. 

Rate  of  Stumpage 
as  Recommended  by 

Oconto  Indian  Oconto  Co. 

Feet                            Specie                             Co.  Office  Amount 

25,295,540         White    pine    $11.00  $11.00  $278,250.94 

43,141,650         Hemlock    3.00  1.50  129,424.89 

2,560,940        Norway   pine    5.00  6.80  12,804.70 

5,115,140         Birch     5.00  4.00  25,575.70 

3,963,860         Maple    2.00  1.75  7,927.72 

2,496,420         Basswood     8.00  6.25  19,971.36 

332,370        Tamarack    2.40  2.40  797.69 

364,691         Rock  elm    8.00  5.00  2,917.53 

557,030         Soft  elm   7.00  4.20  3,899.21 

78,600        Ash     5.00  5.00  393.00 

65,100         Oak     15.00  11.50  976.50 

54,390         Beech    1.50  2.40  81.58 

7,090         Spruce     4.65  4.65  32.90 

370        Hickory    5.15  5.15  1.91 

Amount,  according  to  Oconto  Co $483,055.63 

Amount,  according  to  Indian  Office 443,176.17 

$39,879.46 

Profits  during  three  years,  according  to  Indian  Office $245,213.55 

Excess  stumpage,  according  to  Oconto  Co.  standard 39,879.38 

Net  profit  during  three  years,  after  deducting  stumpage  according 

to  Oconto  Co.'s  standard $205,334.17 


EXHIBIT  34. 


Statements  of  different  Indians  at  Keshena  questioned  by  Mr. 
Ayer  with  regard  to  their  feelings  about  the  general  conditions 
on  the  reservation  and  efforts  being  made  to  get  money  to  pay 
Mr.  Tyrrell  and  his  friends. 

Statement  of  Louis  Skeewicks : 

I  do  not  know  myself;  I  have  not  attended  any  of  the  meetings,  but  this 
is  what  I  hear  the  tribe  say:  It  is  just  like  throwing  our  money  in  the 


139 

river — building  new  barns  and  houses  at  Keshena  and  Neopit,  cutting  timber, 
building  new  roads,  and  so  on.  Lots  of  people  are  dissatisfied.  The  mill 
is  not  making  anything.  No  money  coming  in,  all  going  out.  I  do  not 
know  what  the  lawyer  promised  to  do,  but  he  was  to  help  the  tribe  so  there 
would  be  no  more  trouble. 

His 
Louis  SKEESICKS  (Thumb  Print). 

Mark. 
Witness  to  mark : 

FRANCIS  M.  BADGER, 

Financial  Clerk,  Keshena   Indian  School, 
Keshena,  Wise. 

JOHN    F.    WAUKECHON, 

Assistant    Clerk. 
H.    P.    MARBLE, 

Assistant   Superintendent. 
Keshena,  Wis.,  January  10,  1914. 


EXHIBIT  35. 

Statement  of  Sam  Pywaukee,  questioned  by  H.  P.  Marble, 
Assistant  Superintendent,  through  John  F.  Waukechon,  Inter 
preter. 

Mr.  Marble  explains :  Board  of  Indian  Commissioners  have  sent  out  for 
information  in  regard  to  Indians  desiring  employment  of  an  attorney. 

Q.  He  knows  this  man  Tyrrell,  does  he?     Ever  met  him? 

A.  The  man  from  Gillette? 

Q.  Yes,  I  guess  that  is  the  man. 

A.  Yes,  he  says,  the  man  from  Gillette  was  here  last  spring  and  went 
through  the  reservation. 

Q.  What  did  he  claim  he  would  be  able  to  do  for  the  Indians? 

A.  He  says  that  he  went  over  the  logging  here;  that  is,  the  Menominee 
Reservation. 

A.  And  what  about  it? 

A.  He  said  the  Menominees  had  asked  him  to  go  over  the  logging  on 
the  Menominee  Reservation. 

Q.  Did  he  say  WHAT  Menominees  asked  him  to? 

A.  He  says  he  knows  of  three.  He  says  he  don't  think  anybody  can 
say — it  was  the  whole  tribe. 

Q.  After  looking  over  the  logging,  what  did  he  offer  to  do  for  the  tribe? 

A.  Well,  he  says,  he  took  note  of  everything.  He  seen  what  was  wasted 
in  the  line  of  timber  and  made  his  report  to  Washington. 

Q.  What  payment  was  made  to  him  for  this  service? 

A.  He  did  get  something.  No  man  will  work  for  nothing.  He  expects 
to  get  something  for  his  meals,  anyway. 

Q.  How  much? 


140 

A.  They  had  paid  him  $500.00  in  cash. 

Q.  Is  that  for  work  he  has  done  already,  or  is  going  to  do  for  them? 

A.  He  says  they  gave  this  $500.00  when  he  left  for  Washington.  That 
money  was  used  in  Washington  while  he  was  there. 

Q.  What  were  they  to  pay  him  in  addition  for  his  services? 

A.  He  says,  I  don't  know  and  I  don't  think  the  lawyer  knows  what  he 
is  going  to  get.  Of  course,  a  man  when  through  working  knows  what  he 
gets. 

Q.  Did  he  enter  into  contract  with  them  for  what  he  was  to  get? 

A.  He  did  not  enter  into  contract  with  them.  The  lawyer  said  if  he 
accomplished  anything  at  Washington  they  could  pay  him. 

Q.  Does  he  know  who  paid  the  $500.00? 

A.  The  money  was  borrowed  and  is  to  be  paid  from  the  tribal  funds. 

Q.  Who  borrowed  it,  does  he  know? 

A.  Well,  he  says,  no  particular  one  borrowed  the  money,  but  says  the  men 
then  there  at  the  meeting,  and  they  got  $250.00  from  Louis  LaFrambois. 

Q.  Who  else  did  they  get  some  from? 

A.  He  says  that  the  other  $250.00  was  furnished  by  a  white  man  living 
at  Neopit.  He  gave  it  to  the  lawyer  when  he  left,  and  that  was  paid  back 
by  the  tribe. 

Q.  Of  what  white  man? 

A.  He  says,  Joe  Gristo's  father-in-law. 

Q.  Does  he  know  what  his  name  is?     I  would  know  it  if  I  heard  it. 

A.  Derosier.  He  says,  that  man  was  discharged  at  Neopit  just  on  that 
account. 

Q.  Was  there  any  other  man  gave  to  him  that  he  knows? 

A.  Derosier  furnished  $200.00  and  the  other  $50.00  was  furnished  by 
himself  (this  man  here,  Sam  Pywaukee). 

Q.  What  papers  did  he  get  to  show  that  he  loaned  the  money? 

A.  (Produces  paper,  hands  it  to  Mr.  Marble,  who  reads  it)  : 

"Keshena,  Wis.,  Nov.  10th,  1913. 

This  is  to  certify  that  we  have  received  $50.00  from  Sam  Pywaukee, 
the  same  to  be  used  to  hire  D.  F.  Tyrrell,  Attorney-at-Law,  in  behalf 
of  the  Menominee  Tribe,  to  conduct  the  investigation  of  affairs  at 
Neopit  in  the  near  future." 

(Signed)     Louis    LAFRAMBOIS, 
JOE  LONGLEY, 
TOM  PRICKETT. 

Q.  Does  he  know  just  what  is  on  that  paper? 

A.  No,  he  says  he  only  loaned  the  money  and  he  is  to  get  it  back. 

Q.  Did  he  look  at  that  paper?  That  paper  does  not  say  they  will  pay 
back  anything;  just  simply  acknowledges  receipt  of  the  money.  I  am  just 
telling  him  that  for  his  own  information.  No  difference,  of  course,  if  he 
wants  it  to  go  that  way. 

Q.  Was  it  the  general  understanding  that  money  is  wasted  among  In 
dians — was  that  the  general  understanding  at  Neopit? 

A.  Yes. 


141 

Q.  Did  Mr.  Tyrrell  say  that  was  the  case  after  he  had  investigated? 

A.  Yes,  sir;  he  did. 

Q.  Did  he  say  he  would  be  able  to  secure  a  change,  so  they  would  not 
lose  money? 

A.  Yes,  sir. 

Q.  Did  he  say  that  he  would  be  able  to  secure  annuity  payments  for  them? 

A.  Yes. 

Q.  How  much  did  he  say  he  would  secure  for  them  this  year? 

A.  He  says  he  might  be  able  to  get  $20.00  during  the  month  of  January 
and  $40.00  in  the  spring.  This  part  was  told  me  by  Tom  Prickett. 

Q.  And  what  in  the  future,  any  more  after  that? 

A.  That  he  does  not  know.     Only  for  one  year. 

Q.  Did  he  say  anything  about  the  Stockbridge  claim,  over  here — the  two- 
mile  strip 

A.  That  he  does  not  know ;  did  not  hear  him  say  anything  about  that. 

Q.  Did  he  say  anything  about  the  claims  for  the  blow-down  districts? 

A.  He  did  not  know. 

Q.  Did  he  hear  him  say  anything  about  Section  16  and  the  swamp  lands 
in  Wisconsin  ? 

A.  Don't  know   anything   about   that. 

Q.  From  general  talk,  what  does  he  understand  about  money  being  wasted 
in  Neopit?  What  does  he  think  about  it? 

A.  Says  he  thinks  that  money  is  wasted  up  there. 

Q.  How  does  he  think  it  is  wasted? 

A.  Well;  he  says,  the  money  that  was  used  on  improvements  for  roads,  he 
says,  he  thinks  they  don't  ask  the  tribe  if  that  money  can  be  expended  for 
that  purpose. 

Q.  He  thinks  that  all  that  is  wasted;  just  money  on  roads? 

A.  Not  that  alone,  but  timber,  and  other  work  they  do  up  there  at  the 
mill.  They  are  not  making  anything. 

Q.  What  makes  him  think  the  mill  is  not  making  money? 

A.  Well,  he  says,  because  the  people  don't  get  any  annuity  and  the  money 
must  be  used  there  and  spent  there.  Now  he  says  where  does  that  money 
come  from  for  building  those  nice  buildings  at  Neopit? 

Q.  (Answering  questions  put  in  above  answer).  Out  of  interest  on  the 
Menominee  Log  Fund.  If  they  had  been  getting  annuities,  would  they  think 
the  mill  was  making  money 

A.  Yes,  then  he  would  think  that  they  were  making  money. 

I  certify  that  the  above  statement  was  given  by  me  in  answers  to  the 
queries  asked  and  that  the  above  contains  no  material  misrepresentation  of 
what  was  said  by  me. 

His 
SAM  PYWAUKEE  (Thumb  print). 

Mark. 
Witness  to  mark : 

FRANCES  M.  BADGER. 
Made  in  presence  of 

H.  P.  MARBLE, 

JOHN  F.  WAUKECHON. 


142 

EXHIBIT  36. 

Statement  of  Henry  Mellott: 

My  understanding  is  that  Tyrrell  has  promised  to  get  for  the  old  soldiers 
one  dollar  a  day,  and  was  to  help  the  tribe  all  through,  for  their  benefit.  I 
did  not  see  the  letter,  but  heard  LaFrambois  report  that  the  tribe  was  to 
receive  $40  per  capita  this  winter  if  we  hired  Tyrrell.  About  $200  was 
raised  around  Keshena  and  given  to  Tyrrell,  but  it  is  understood  that  he  is 
working  for  the  tribe  and  this  money  is  to  be  paid  back  to  the  ones  who 
loaned  it. 

Tyrrell  had  pictures  showing  the  waste  of  timber  on  the  reservation,  and 
reported  that  he  had  investigated  and  found  the  mill  at  Neopit  to  be  losing 
money.  He  promised  he  would  have  the  laws  changed,  so  it  would  not  lose 
any  more. 

The  reason  I  think  the  mill  is  losing  money  is  because  we  do  not  get  any 
more  annuities,  like  we  used  to,  when  we  ask  for  it.  If  the  annuities  were 
paid  I  would  think  the  mill  was  making  money. 

Tyrrell  also  said  he  would  work  to  get  back  the  swamp  and  school  lands 
which  the  State  is  taking  from  us. 

Tribal  members  claim  there  is  too  much  money  being  spent  for  roads, 
houses  in  Neopit,  dairy  barn  at  the  Keshena  school,  and  for  other  buildings ; 
the  tribal  members  think  this  should  not  be  spent  this  way.  It  would  be  bet 
ter  to  pay  it  to  the  Indian  in  annuities. 

His 
HENRY  MELLOTT  (Thumb  print). 

Mark. 
Witness  to  mark : 

FRANCES  M.  BADGER, 

ZORA  F.  MARBLE. 
Statement  made  in  the  presence  of 

H.   P.  MARBLE, 

Assistant  Superintendent. 


EXHIBIT  37. 

Statement  of  Louis  Keshena,  at  Keshena,  Wis. : 

My  understanding  is  that  Tyrrell  and  the  other  attorney  are  to  try  to  get 
"blown  down"  claims  paid,  but  if  they  do  it  seems  to  me  they  will  have  to 
be  paid  by  the  tribe.  Many  members  think  these  claims  are  to  be  paid  by 
the  Government,  but  I  do  not  want  anything  to  do  with  lawyers  in  this.  They 
are  the  cause  of  all  the  trouble  in  the  past  about  this  blow  down  business. 

I  hear  that  some  members  of  the  tribe  have  been  loaning  money  to  pay  to 
Tyrrell,  and  they  say  the  tribe  is  to  pay  this  back,  but  I  do  not  see  how  the 
tribe  can  be  held  for  this  money  unless  some  council  agrees  to  it.  I  hear 
some  parties  have  taken  money  belonging  to  the  church  societies,  the  Relief 
Corps,  and  so  on,  and  have  loaned  it  for  the  lawyer,  and  they  tell  me  they 
have  no  security  for  it,  so  they  must  have  to  make  it  good  themselves.  I  hear 
much  talk  about  the  Neopit  mill  losing  money  and  think  the  tribal  members 


143 

believe  this  because  we  do  not  receive  annuities  any  more.  I  did  not  talk  to 
Tyrrell  myself,  but  I  hear  these  things  from  other  members  who  are  working 
for  him  to  get  a  contract.  I  also  understand  that  Tyrrell  is  to  secure  an 
nuity  payment  for  the  Menominees. 

(Signed)     Louis   KESHENA. 
Statement  made  in  presence  of : 

(Signed)     JOHN  F.  WAUKECHON,  Asst.  Clerk. 

(Signed,     H.  P.  MARBLE,  Asst.  Supt. 

Keshena,  Wis.,  Jan.  10,  1914. 


EXHIBIT  38. 

Statement  of  Joe  O'Katchicum : 

Q.  What  do  you  understand  Tyrrell  promises  to  do  for  the  Menomniee 
Indians? 

A.  I  understand  the  Indians  hire  the  lawyer  to  get  their  annuities  for  them. 

Q.  Do  you  understand  the  Neopit  operations  are  losing  money? 

A.  I  hear  the  Indians  talking  about  the  mills  not  making  any  money,  and 
that  our  money  in  the  Treasury  is  going  out — none  coming  in. 

Q.  Do  you  understand  that  Tyrrell  investigated  conditions  around  the 
mill? 

A.  I  hear  other  people  say  that  the  lawyer  went  through  the  cutting  around 
Neopit. 

Q.  Do  you  yourself  think  that  the  Neopit  operations  are  losing  money 
now? 

A.  I  know  they  are.  The  Neopit  mill  has  been  losing  our  money  ever  since 
it  started.  I  know  this  because  we  do  not  get  our  annuities  now  like  we 
used  to. 

I  hereby  certify  that  the  above  questions  were  asked  by  myself  and  an 
swered  in  the  manner  indicated  by  Joe  O'Katchicum,  an  enrolled  Menominee 
Indian,  the  questions  and  answers  being  interpreted  by  John  F.  Waukechon, 
assistant  clerk,  Keshena,  who  also  certifies  the  same  to  be  correct. 

(Signed)     H.    P.     MARBLE, 

Assistant  Superintendent. 
JOHN  F.  WAUKECHON, 

Assistant  Clerk. 

Keshena,  Wisconsin,  January  13,  1914. 


EXHIBIT  39. 

Statement  of  Peter  Tomaw: 

I  have  never  talked  to  Mr  Tyrrell  personally,  but  the  members  tell  me 
that  he  has  investigated  and  finds  that  lots  of  money  has  been  wasted  on 
this  reservation,  such  as  buying  automobiles  and  erecting  fire  towers,  and 
he  has  promised  to  recover  all  of  this  money  for  the  tribe.  I  know  that  the 
agent  never  asked  the  tribe  if  they  wanted  these  automobiles  bought  or 
these  towers  built.  I  know  that  the  Neopit  mill  is  losing  money  because  we 


144 

have  not  received  any  money  this  year  in  annuities.  If  we  were  getting  our 
annuities  I  would  know  that  the  mill  was  making  money,  for  when  we  used 
to  log  ourselves  we  made  money  and  put  it  in  the  bank.  I  am  sure  there  is 
timber  being  wasted  as  Mr.  Tyrrell  says  for  I  have  seen  logs  cut  last  winter 
which  have  not  yet  been  taken  to  the  mill.  Those  who  talked  for  Mr.  Tyrrell 
promised  that  he  would  get  us  our  annuities  and  get  back  all  of  our  wasted 
money.  I  am  president  of  the  Temperance  Society  of  West  Branch  and 
loaned  $20.00  belonging  to  the  society  to  Mitchell  Komane;kin  to  be  used  to 
pay  Tyrrell,  but  the  tribe  is  to  pay  it  back.  I  do  not  have  any  papers  to 
show  that  the  money  is  to  be  paid  back,  but  am  sure  they  will  do  it. 

his 
PETER  TOM  AW     (Thumb  Print.) 

mark. 

Witness  to  mark  : 
FRANCES  M.  BADGER, 
Financial  Clerk,  Keshena  Indian  School,  Keshena,  Wis. 

Statement  made  in  presence  of  : 
JOHN  F.  WAUKECOHN, 

Assistant  Clerk. 
H.  P.  MARBLE, 

Assistant  Superintendent. 
Keshena,  Wis.,  January  12,  1914. 


EXHIBIT  40. 

Copy  of  letter  from  Mr.  Webster  Ballinger  to  Mr.  Mitchell 
Oshkenaniew,  dated  September  11,  1913. 

MR.  MITCHELL  OSHKENANIEW, 

Neopit,  Wisconsin. 
DEAR  SIR  : 

Answering  your  letter  of  the  6th  instant,  when  I  wrote  you  on  the  22d 
ultimo,  I  gave  you  the  amount  of  the  principal  of  the  log  fund  as  shown  by 
the  books  of  the  Treasury.  The  statement  given  out  by  the  Indian  Bureau 
is  correct  as  to  the  total  amount  of  funds  from  all  sources  standing  to  the 
credit  of  the  Menominee  Indians.  Let  me  explain  this  statement  to  you.  The 
first  item,  entitled  "Menominee  Fund,"  $153,039.38,  represents  the  fund  arising 
out  of  Act  of  April  1,  1880  (21  Stat.  L.  70).  The  second  item,  "Interest  on 
same,"  amounting  to  $816.05,  represents  the  unexpended  balance  of  the  ac 
crued  interest  on  the  first  item  of  $153,039.38.  The  third  item,  "Menominee 
Log  Funds,"  $1,737,550.67,  represents  the  principal  of  the  log  funds  and  to 
which  was  transferred  under  the  Comptroller's  decision  of  June  28,  1912,  all 
the  funds  standing  to  the  credit  of  the  Menominee  4%  funds  and  interest 
thereon.  The  fourth  item,  "Interest  on  same,"  amounting  to  $4,045.19,  repre 
sents  the  unexpended  balance  of  the  accrued  interest  on  the  log  funds.  The 
last  item,  "Fulfilling  Treaties  with  Menominee — Logs,"  amounting  to 
$79,722.67,  represents  the  interest  on  the  first  item  of  $153,039.38,  the  third 
item  of  $1,737,550.67  and  the  interest  on  the  Menominee  4%  Fund  of 


145 

$184,319.40,  which  was  last  year  transferred  under  the  Comptroller's  decision 
of  June  28,  1912,  to  the  Menominee  log  funds. 

The  Menominee  log  funds  which  amounted  on  June  30,  1907,  to  $2,335,691.48 
are  to-day,  after  the  transfer  of  the  4%  funds  to  that  account,  $598,140.81 
less  than  they  were  on  June  30,  1907.  I  observe  that  the  statement  furnished 
by  the  Department  is  silent  upon  the  question  of  the  amount  of  timber  cut 
during  the  year  or  during  the  preceding  years.  It  merely  sets  out  the  funds 
of  the  tribe  on  deposit  in  the  Treasury  and  the  alleged  value  of  the  improve 
ments  and  lumber  on  hand  on  the  reservation.  The  improvements,  appearing 
upon  the  second  page  of  the  statement  are  given  the  value  they  originally 
cost,  without  deduction  for  deterioration.  It  is  safe  to  estimate  that  these 
improvements,  costing  an  aggregate  of  $791,870.63,  have  depreciated  by  wear 
and  decay  from  25  to  50%  since  constructed. 

The  value  placed  upon  the  lumber  on  hand  is  in  excess  of  its  actual  value, 
as  I  am  advised  that  most  of  the  lumber  on  hand  represents  the  cullings  of 
the  mill. 

Assuming  that  the  timber  cut  on  the  reservation  under  the  Acts  of  1906 
ing  30  per  cent  for  depreciation  on  the  mill  and  other  improvements,  the  ac- 
and  1908  was  worth  $1,600,000.00  which  is  not  taken  into  account,  and  allow- 
count  of  the  Menominees  for  the  past  five  years  would  be  as  follows : 

Menominee  Log  Fund    $2,335,691.48 

Loss  in  interest  on  said  fund  by  use  of  part  of  fund 
for  logging  operations  and  improvements  (approxi 
mately  329,461.40 

Value  of  timber  cut  during  5  years 1,600,000.00 


Total     $4,265,142.88 

Menominee  Log  Funds,  June  30,   1913 $1,737,550.67 

Interest  on  said  sum  for  1  year  at  5%,  approximately       70,000.00 
Tangible    assets,    mills,    plant,    buildings,    etc.,    total 

cost  $791,870.63,   less   30%    for   deterioration 553,309.45 

Total  value  of  lumber  on  hand,  as  per  agent's  esti 
mate     474,866.33 


Total     $2,835,726.45 


Total  loss  to  the  tribe  during  5  years'  operation,  approximately.  .$1,429,426.43 

These  matters  have  been  brought  to  the  attention  of  the  departmental 
officials  by  me  and  are  now  supposedly  under  consideration.  The  House 
and  Senate  have  appointed  members  of  a  joint  committee  of  Congress  to 
investigate  all  Indian  matters.  Unless  action  is  taken  by  the  Department 
before  the  joint  committee  commences  its  investigations  I  shall,  if  the  tribe 
desires  me  to  do  so,  bring  these  matters  to  the  attention  of  that  committee  and 
ask  for  a  full  and  complete  investigation  of  the  affairs  of  the  Menominee 
Indians.  You  are  at  liberty  to  read  this  letter  to  the  Menominee  Indians  in 
Council  if  you  so  desire.  I  am  returning  herewith  the  statement  furnished 
the  Menominee  Indians  by  the  Indian  Bureau  and  will  be  obliged  to  you  if 
you  will  return  the  same  to  me. 

Trusting  that  I  have  fully  answered  your  communication,  I  remain, 
Very  truly  yours, 

(Signed)    WEBSTER  BAI.LINGEK. 


INDEX. 


Adams,  Peter  L.,  inspection  of  mill  property  by,  8;  occupation  of,  35; 
report  of,  35-37. 

Agitation  among  Menominee  Indians,  expense  of,  14;  motive  of,  19;  ring 
leaders  in,  118;  results  of  12-13,  115. 

Amour,  Adolph,  record  of,  105. 

Annuities,  delay  in  payment  of,  86,  102;  loss  of,  84,  144;  need  of,  76,  101, 
130;  promises  of,  90,  124,  141,  142,  143;  recommendation  regarding,  24. 

Ayer,  Edward  E.,  recommendations  of,  15-18,  21,  24,  77,  80;  report  of, 
7-22;  supplementary  report  of,  22-24. 

Ballinger,  Webster,  criticism  of,  130;  letter  to  Mitchall  Oshkananiew 
from,  144-145;  loss  to  tribe  claimed  by,  22;  money  sent  to,  11,  14,  40, 
41;  motives  of,  126-127;  statements  of  loss  by,  90-91;  supposed  influ 
ence  of,  116. 

Bank,  recommendation  regarding,  17. 

Beauprey,  Simon,  inspection  of  logging  operations  by,  53;  interview  be 
tween  Edward  E.  Ayer  and,  80;  occupation  of,  80;  record  of,  104. 

Board  of  Indian  Commissioners,  assistance  of,  79;  functions  of,  2;  insult 
to,  20,  126;  request  for  investigation  by,  7. 

Brigham,  E.  J.,  affidavit  of,  65;  inspection  of  logging  operations  by,  10, 
11,  53,  66;  interview  between  Edward  E.  Ayer  and,  66-67;  log  scaling 
by,  11,  12,  63-65;  occupation  of,  10. 

Cattle,  hay  for,  80;  need  of,  131;  recommendations  regarding,  17,  83A 

Cedar,  left  in  woods,  60;  quality  of,  60-61;  waste  of,  50-51. 

Checks,  exchange  on,  17;  handling  of,  116. 

Chicago  &  Northwestern  Railroad,  arrangements  between  W.  &  N.  R.  R. 
and,  120-121;  opposition  to,  121;  proposition  of,  121. 

Chickeney,  interview  between  Edward  E.  Ayer  and,  74-76;  occupation 
of,  74;  record  of,  104. 

Claims,  "blow  down,"  70,  96,  128,  142;  Cook's,  96,  116-117,  128;  nature  of, 
92;  on  contracts,  96-97,  108,  116,  124,  128;  Government's  position  re 
garding,  96-97;  State  of  Wisconsin's,  117,  124,  129;  Stockbridge,  70, 
93,  117,  124,  129;  traders',  116. 

Commissioner  of  Indian  Affairs,  approval  of  investigation  by,  7;  assign 
ment  of  forest  supervisor  by,  10;  letter  from  regarding  D.  F.  Tyrrell, 
7;  letter  from  D.  F.  Tyrrell  to,  25-26;  letter  of,  transmiting  D.  F. 
Tyrrell's  letter,  98;  letter  to  Edward  E.  Ayer  from,  25;  supposed  at 
titude  of,  90;  transmittal  to,  of  Congressman  Konop's  letter,  20. 

Cook,  claims  of,  41-42,  96,  116-117,  128. 

Crowell,  Lincoln,  affidavit  of,  65;  inspection  of  logging  operations  by, 
11,  53,  66;  interview  between  Edward  E.  Ayer  and,  66-67;  log  scaling 
by,  11,  12,  63-65;  occupation  of,  10. 

Derosier,  loan  of,  118;  money  furnished  by,  140. 

Duquaine,  Charles,  record  of,  105. 


148 

Elm,  prices  for,  21,  52;  profit  on,  62;  quantity  of,  sold,  21;  waste  of,  51. 

Evergreen  District,  logging  operations  in,  12,  50;  fire  in,  57. 

Farms,  acreage  of,  6;  allotment  of,  15,  131;  conditions  of,  6;  desirability 
of,  79;  funds  for  development  of,  16,  82,  131;  land  suitable  for,  80,  81; 
necessity  of,  131;  opinions  regarding,  93. 

Forests,  distribution  of,  5;  estimated  stand  of,  5;  estimated  value  of,  5; 
species  of  trees  in,  5. 

Frechette,  Charles,  interview  between  Edward  E.  Ayer  and,  85;  record 
of,  105. 

Funds,  tribal,  amount  of,  6;  disposition  of,  68,  70;  increase  in,  19,  38,  74, 
80,  84;  Menominee  Log,  102,  103,  144-145;  on  deposit  in  United  States 
Treasury,  6;  payment  of  claims  from,  128;  payment  of  attorneys  out 
of,  21;  promises  of  refund  from,  23-24;  recommendations  regarding, 
15,  16,  83,  110,  113;  source  of,  6;  waste  of,  128,  138-139,  141,  143-144, 
145;  Ballenger's  statement  regarding,  144-145. 

Gauthier,  Frank,  interview  between  Edward  E.  Ayer  and,  76;  occupation 
of,  77;  record  of,  103. 

Gristo,  Joe,  interview  between  Edward  E.  Ayer  and,  72-74;  occupation 
of,  72. 

Hemlock,  burned,  50,  81;  fire-killed,  53;  quantity  of,  11,  21;  scale  of,  63, 
65,  66;  waste  of,  50-51. 

Holland,  affidavit  of,  30;  inspection  of  logging  operations  by,  53;  inspec 
tion  of  milling  property  by,  8;  occupation  of,  7;  reports  of,  28-30. 

Hospital,  condition  of,  14. 

Kakatosh,  John,  interview  between  Edward  E.  Ayer  and,  77-78;  occupa 
tion  of,  78. 

Kaquatosh,   Louis,  record  of,  106. 

Kemnitz,  L.  W.,  affidavit  of,  33;  interview  between  Edward  E.  Ayer  and, 
33;  logs  left  by,  56-57;  payment  by,  62;  timber  cut  by,  52,  55. 

Keshena,  proposal  for  traveling  library  for,  15;  seat  of  agency  at,  6_ 

Keshena,  Frank,  record  of,  105. 

Keshena,  Louis,  statement  of,  142-143. 

Kinney,  J.  P.,  affidavit  of,  63;  inspection  of  logging  operations  by,  10, 
11,  53;  occupation  of,  10;  report  of,  53-63;  summary  of  detailed  re 
port  of,  49-52;  supplementary  report  of,  52-53. 

Komanekin,  Mitchell,  inspection  of  logging  operations  by,  54. 

Konop,  Congressman,  influence  of,  119;  letter  to  F.  H.  Abbott  from,  125- 
126;  letter  of  Edward  E.  Ayer  to,  126-127;  note  on,  127. 

LaBell,  Tom,  operations  of,  29,  59;  record  of,  105. 

Labor,  employment  of  Indian,  68,  71/98-99,  107,  108;  inefficiency  of,  107, 
108-109;  payment  of,  43;  percentage  of,  43;  shortage  of,  112;  trouble 
with,  36;  unreliability  of,  107. 

LaFrambois,  Louis,  criticism  by,  54;  difficulties  of,  89;  grievance  of,  43; 
inspection  by,  53;  interview  between  Edward  E.  Ayer  and,  42-45; 
letter  to  Edward  E.  Ayer  from,  46;  letter  to  D.  F.  Tyrrell  from,  44, 
45;  money  raised  by,  9,  41,  45-46,  89,  140;  record  of,  106. 

LaFrambois,  Sam,  record  of,  104. 

Lamotte,  Peter,  interview  between  Edward  E.  Ayer  and,  82-83;  record 
of,  106. 

LaPorte  Brothers,  interview  between  Edward  E.  Ayer  and,  48-49;  occu 
pation  of,  48. 


149 

Law,  Joe,  record  of,  106. 

Liquor,  question  of,  68;  interests,  influence  of,  103. 

Logging  operations,  charges  of  mismanagement  of,  26-27,  45;  commenda 
tion  of,  30,  68,  81;  contracts  under,  108,  113-114;  criticism  of,  54,  57, 
94;  examination  of,  53-63;  impressions  regarding,  49,  61;  inspection 
of,  10,  11,  28,  31,  32,  40,  66,  67;  location  of,  49-50,  54,  122;  loss  in,  109; 
objection  to  manner  of,  54;  problems  of,  122. 

Logs,  average  cut  of,  12;  cost  of,  12,  50;  plaint  of  misuse  of,  29,  30, 
57,  58;  cut  of  by  seasons,  114-115,  132,  135-137;  deterioration  of,  54; 
in  swamps,  29;  left  in  woods,  53,  57,  58,  111-112,  113;  prices  per  M., 
135-137;  percentage  of,  accessible,  67;  protection  of,  112;  redecking 
of,  28,  54-55;  scale  of,  60,  62,  63-65;  waste  of,  58,  59,  60;  white  pine, 
57,  58. 

Longley,  Joseph,  inspection  of  logging  operations  by,  54;  money  raised 
by,  140;  record  of,  104. 

Lookaround,  interview  between  Edward  E.  Ayer  and,  67-69;  occupation 
of,  67;  questions  answered  by,  70. 

Lumber,  condition  of,  34;  cost  of,  51;  cut  of  by  years,  132;  grades  of,  48; 
miscuts  of,  36;  prices  of,  51-52;  system  of  selling,  16-17,  18,  109-110. 

Machinery,  condition  of,  35,  36,  46,  47,  48,  49. 

Marble,  Mrs.  Myrtle,  interview  between  Edward  E.  Ayer  and,  99-101; 
occupation  of,  99. 

McCall,  George  T.,  interview  between  Edward  E.  Ayer  and,  80-82;  occu 
pation  of,  80;  record  of,  105. 

Mellott,  Henry,  statement  of,  142. 

Menominee  Indians,  care  of  aged  and  sick,  15,  20,  100,  101,  114,  130;  char 
acter  of,  5;  conditions  among,  14,  44,  99,  107-108;  dissatisfaction 
among,  68,  69,  71,  73,  75,  83,  91,  92,  102;  education  of,  100;  enrollment 
among,  93;  financial  assistance  for,  110,  111;  industries  of,  100;  in 
temperance  among,  131;  morality  of,  101;  needs  of,  101;  outside  in 
fluence  upon,  115,  118,  119,  125;  percentage  of  pagans  among,  99; 
physique  of,  5;  poverty  among,  83,  94;  prohibition  of  trading  among, 
116;  property  of,  15;  pursuits  of,  24;  relations  with,  57;  sale  of  products 
of,  100;  sanitary  conditions  among,  100;  social  advancement  of,  6; 
system  of  dealing  with,  15;  trachoma  among,  28;  trouble  among,  115; 
tuberculosis  among,  100,  130,  131. 

Menominee  Indian  Reservation,  area  of,  5;  arrangements  for  investiga 
tion  of,  7;  complaints  against  administration  of,  7,  25,  26,  27;  condi 
tions  on,  19,  68,  103,  107,  115;  cruise  of,  15,  21,  78,  81,  82,  111;  expenses 
of,  102;  forests  of,  5;  necessity  of  investigation  of,  92;  plan  of  manage 
ment  of,  21;  recommendations  regarding,  15;  situation  of,  5;  soil  of,  5. 

Menominee  Mills,  account  of,  38,  75,  87,  113;  annual  output  of,  6;  benefit 
from,  82,  131;  capital  stock  of,  133;  charges  against  management  of, 
20,  27,  46,  116;  clean  up  of,  41;  conditions  in,  8,  35,  42,  48;  cost  of,  6; 
difficulty  of  operation  of,  14;  educational  effect  of,  6;  idea  in  estab 
lishing,  19;  inspection  of,  8;  investment  in,  102;  location  of,  6;  loss 
claimed  through  operation  of,  22,  86,  90,  92-93,  131,  143;  machinery 
of,  9,  35;  money  repaid  to,  119;  opposition  to,  73,  74,  75;  profits  of, 
132-133;  prosperity  of,  19,  78,  80,  82,  85;  sale  of  product  of,  16;  waste 
in,  8,  9. 


150 


Mill  yard,  cleanliness  of,  9,  33,  39,  72,  75,  97;  condition  of,  8,  28,  74;  filling 
ef,  34;  location  of,  8;  inspection  of,  28,  31. 

Miscuts,  amount  of,  109;  complaint  of,  71,  77;  percentage  of,  36;  sale 
of,  109. 

Missions,  effect  of,  14. 

Nelson,  Bernard  C.,  interview  between  Edward  E.  Ayer  and,  34-35;  occu 
pation  of,  34. 

Neopit,  library  at,  15;  population  of,  6. 

Nicholson,  A.  S.,  accounts  of,  31;  affidavit  of,  119-120;  attitude  of,  51; 
charges  against,  18,  106;  commendation  of,  68;  complaints  against, 
38,  39,  45;  correspondence  between  Edward  E.  Ayer  and,  102-125; 
inspections  by,  8,  10,  53;  justice  to,  18;  letter  to  Edward  E.  Ayer 
from,  88-89;  letter  regarding  Mitchell  Oshkananiew  from,  11;  occu 
pation  of,  102. 

Oconto  Company,  The,  Stumpage  rate  of,  23. 

O'Katchicum,  Joe,  statement  of,  143. 

Oshkananiew,  Louis,  interview  between  Edward  E.  Ayer  and,  85;  occu 
pation  of,  85. 

Oshkananiew,  Mitchell,  correspondence  between  Edward  E.  Ayer  and, 
90-91;  discharge  of,  86;  interview  between  Edward  E.  Ayer  and,  85- 
87;  letter  to  Edward  E.  Ayer  from,  87-88;  letter  of  A.  S.  Nicholson 
regarding,  11,  88;  letter  from  Webster  Ballinger  to,  144-145;  record 
of,  104. 

Oshkosh,  Reginald,  inspection  of  logging  operations  by,  53;  letter  to 
Edward  E.  Ayer  from,  127-130;  record  of,  106;  remarks  on,  20. 

Pine,  burned,  81;  growth  of,  56;  logs,  deterioration  of,  54;  necessity  of 
cutting,  23;  prices  for,  21,  85;  quantity  of,  sold,  21;  saving  of,  50;  se 
lection  of,  21;  scale  of,  53-65;  loss  on,  12;  waste  of,  50-51,  56. 

Prickett,  Thomas,  inspection  of  logging  operations  by,  53;  interview  be 
tween  Edward  E.  Ayer  and,  37-38,  40-42;  letter  to  D.  F.  Tyrrell  from, 
38;  money  raised  by,  140;  record  of,  103. 

Pywaukee,  Sam,  statement  of,  139-141. 

Railroad,  consideration  of,  18;  construction  of,  122-123;  cut-off,  58;  ex 
penses  of,  58;  fill,  57,  58;  grade,  58;  legislation  for,  122;  need  of,  15; 
recommendations  regarding,  15. 

Receipts  and  disbursements,  accounting  for,  134;  per  annum,  133;  rea 
sons  for  difference  between,  134;  total  of,  133. 

Resaw,  condition  of,  35,  36,  46,  47. 

Sales,  regulations  regarding,  122.r 

Sanapaw,  Robert,  inspections  of  logging  operations  by,  53. 

Scale,  by  Brigham  and  Crowell,  11,  12,  63-65;  by  years,  123;  loss  through, 
123. 

Schools,  capacity  of,  6;  day,  6;  feeling  toward,  100;  Government,  101; 
mission,  6,  101;  recommendation  regarding,  17. 

Secretary  of  the  Interior,  approval  of  investigation  by,  7;  authority  of, 
102;  transmittal  of  Congressman  Konop's  letter  to,  20. 

Skeewicks,  Louis,  statement  of,  138. 

Smith,  Philip  R.,  affidavit  of,  33;  inspections  by,  10,  53;  occupation  of,  7; 
report  of,  31-32. 

Stores,  recommendation  regarding,  17. 


151 


Stumpage,  amount  of,  22-23;  on  logs,  135-137;  per  annum,  133;  prices 
for,  51,  134;  rates  of,  137-138;  remarks  regarding,  23. 

Tebeau,  cedar  cut  by,  50,  60;  record  of,  104;  "staking"  of,  50. 

Timber,  amount  of,  21;  growth  of,  81;  prices  on,  32;  waste  of,  50,  71. 

Tomaw,  Peter,  money  raised  by,  23,  24;  statement  of,  143-144. 

Tourtilott,  C.  A.,  occupation  of,  70;  interview  between  Edward  E.  Ayer 
and,  70-71. 

Tribe,  charges  of  loss  to,  28,  29,  30;  committee  appointed  by,  40;  labor 
figures  of,  6;  money  raised  by,  40,  41;  membership  of,  6;  statistics 
regarding,  6;  wages  of,  6. 

Tucker,  Mose,  occupation  of,  79;  interview  between  Edward  E.  Ayer 
and,  79-80;  record  of,  104. 

Turney,  J.  T.,  complaints  against,  36;  discharge  of,  37;  interview  between 
Edward  E.  Ayer  and,  46-47;  occupation  of,  46. 

Tyrrell,  D.  F.,  activity  of,  20;  attitude  of,  32;  charges  of,  7;  claims  of, 
13,  128;  conduct  of,  19;  conversation  between  Edward  E.  Ayer  and, 
91-97;  criticism  of,  54;  employment  of,  39,  87,  88,  89,  92,  93,  95;  ex 
penses  of,  41,  94;  ignorance  of,  regarding  timber,  30;  influence  of,  91; 
inspections  by,  8,  10,  53,  54;  letter  to  Hon.  Cato  Sells  from,  25,  26; 
letter  from  Louis  D.  LaFrambois  to,  44-45;  letter  to  Edward  E. 
Ayer  from,  98-99;  letter  to  Webster  Ballinger  from,  97-98;  money 
paid  to,  14,  40,  88,  89,  94,  118,  140,  141,  142;  motives  of,  126-127;  note 
of,  118;  promises  of,  70,  90,  124,  128-130,  142,  143;  remarks  on,  19,  61, 
66,  67,  87-88,  127,  130,  139;  responsibility  of,  13. 

Waste,  as  shown  by  inventories,  109;  charges  of,  26,  116,  124;  in  logging 
operations,  50;  in  miscuts,  8,  35;  of  pine,  hemlock  and  cedar,  50-51, 
59;  of  timber,  70. 

Watering  trough,  criticism  of,  62. 

Waukaw,  Mitchell,  inspection  of  logging  operations  by,  54. 

Wisconsin  State  College  of  Agriculture,  recommendation  to  send  In 
dians  to,  16,  76,  82,  111. 

W.  &  N.  R.  R.,  arrangements  between  C.  &  N.  W.  R.  R.,  120-121;  in 
fluence  of,  118;  service  of,  121. 

Wood,  price  of,  72. 

Woodcock,  C.  H.,  complaints  against,  38,  39,  57;  occupation  of,  12;  re 
marks  on,  2,  50;  saving  by,  13. 

Wyeskesit,  interview  between  Edward  E.  Ayer  and,  83-84. 


14  DAY  USE 

RETURN  TO  DESK  FROM  WHICH  BORROWED 
LOAN  DEPT. 

This  book  is  due  on  the  last  date  stamped  below,  or 

on  the  date  to  which  renewed. 
Renewed  books  are  subject  to  immediate  recall. 


SONOV'SMft 

^LLLTOJ^I 

DEC  2  0  1957 

REC'D  LD 

DEC  20  1957 

;          _,.-....... 
-V 

8.-,.C'D  LD 

JUN    fi  1961 

General  Library 
LD  21A—  50m-8,'S7                                University  of  California 
(C8481slO)476B                                                 Berkeley 

YD       102 


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